Unfortunately, many clients come to our office after a foreclosure auction arising out of a Final Judgment of Foreclosure wishing to save their home. These clients cannot file a bankruptcy since the sale already took place. However, not all is lost for the client. Under Fla. Stat. §45.031, a client…
Category: Foreclosure Defense
Reducing the effects of losing a home is a daunting, thought to every homeowner. After attempts at a loan modification or refinancing fail, feelings of hopelessness, despair, and surrender are much more pervasive than thoughts attempting to achieve some degree of damage control. However, there are alternatives to assist homeowners…
Occasionally, a mortgage loan borrower is faced with an upcoming foreclosure sale date of his or her home and has already exhausted all options at the state court level to attempt to cancel the foreclosure sale date without success. If the borrower is otherwise eligible to file for bankruptcy, however,…
Florida foreclosures are judicial, which means that a lender must bring a lawsuit to obtain a judgment of foreclosure and sell the property to satisfy the underlying mortgage debt. The action proceeds normally like any other lawsuit and the defendant-borrower must be served with the complaint. When the Florida Fair…
