If your lender has notified you that they are going to start the foreclosure process, you have a lot to think about. Contacting a foreclosure defense lawyer to talk about your case may not be the first thing on your mind. However, no one should go through the foreclosure process alone. Even if you believe you will lose your home, it is still worthwhile to speak to a Lauderdale Lakes foreclosure defense lawyer. An attorney can advise on the possible defenses that can help you keep your home, and ensure your rights are upheld throughout the entire process.
Foreclosure is a Judicial Process in Lauderdale Lakes
Foreclosure is a fairly basic concept to most people. If you do not pay your mortgage for several months, your lender will likely foreclose and evict you from the home. However, your lender cannot just make the decision to foreclose and then force you to leave the home. In Lauderdale Lakes, as throughout the rest of Florida, foreclosure is a judicial process.
Before foreclosing on your home, your lender or mortgage servicer must file a lawsuit against you. The lawsuit is filed in the circuit court that is located in the same area as the home. Once the lawsuit is filed, the lender has the opportunity to present their case to a judge and you can raise defenses. A foreclosure trial can take some time and you can remain in your home during that time.
People facing foreclosure have often never been through the process before. A Lauderdale Lakes foreclosure defense lawyer can prepare you for the process and give you the best chance of keeping your home.
How Foreclosure Works in Lauderdale Lakes
Your lender cannot foreclose on your home until they have filed a lawsuit with the appropriate court, but that is just the beginning of the process.
After the lawsuit is filed with the court, you will receive a copy of the complaint and summons from a process server. The complaint outlines the lender’s case against you and the reason for foreclosure. The summons will tell you more about the first court hearing you will have to attend, including the date, time, and location of the hearing.
Once you have been served with the legal paperwork, you have the opportunity to respond to the complaint. You have 20 days to file your response with the court and this is an extremely important step. If you do not respond, your lender will likely ask the court for a summary judgment against you, and they will likely be successful. If a judge issues a summary judgment, the lender will automatically win their case and they can move forward with evicting you from the home. A Lauderdale Lakes foreclosure defense lawyer will make sure your response is prepared properly and filed with the court on time.
After filing your response with the court, your case will enter the discovery phase. This is the stage at which both sides can ask the other for certain information. A lawyer will know which documents and information to ask the lender for so they can review the evidence against you.
For example, an attorney may ask the lender to produce the mortgage note. If they cannot, that can serve as a defense in your case because it means the lender cannot prove that they own the loan. Lenders must also notify you that they are going to start the foreclosure process before filing the lawsuit. If your lender cannot produce this notice during the discovery phase, that could also allow you to stay in your home.
After the discovery phase, your lender might ask the judge to issue a summary judgment against you. A judge will only grant this judgment if the lender has presented enough evidence against you. If a summary judgment is granted, the judge’s decision is final. The lender can continue on with the foreclosure process and will evict you from the home.
Summary judgments are not always granted in foreclosure cases. If the judge does not issue a summary judgment, the case will go to trial. If your case reaches this point and you have not yet obtained legal representation, now is the time to do so. Without a lawyer, you will have to defend the case on your own and neither the judge or the officers of the court will provide you legal advice or advise you of your rights. Your lender will also have a team of lawyers working for them and having an attorney by your side will make sure you are on equal footing.
How Can a Lauderdale Lakes Foreclosure Defense Lawyer Help with Your Case?
The foreclosure process in Florida is a complicated one. A foreclosure defense lawyer will know the process inside and out and will provide the sound legal advice, and the defense, you need. A few of the many tasks a lawyer will take on when working on your case are as follows:
- Examine the steps your lender took to determine if the proper procedure was followed
- Advise you of the possible defenses in your case
- Identify violations of the Florida Fair Lending Act
- Request certain documents from your lender, such as the mortgage note, and proof of missed payments, as well as how payments were distributed
- Raise appropriate defenses, such as the Servicemembers Civil Relief Act
- Advise on how you can remain in your home during the foreclosure process, and possibly for years to come
- Negotiate with your lender for a loan modification
- Advise on the bankruptcy process, and if it is right for you
Essentially, if you do not work with a lawyer, you may lose your home when you do not have to.
Call Our Foreclosure Defense Lawyers in Lauderdale Lakes for a Free Consultation
If you have missed mortgage payments and your lender has already started the foreclosure process, do not go through it alone. At Loan Lawyers, our Lauderdale Lakes foreclosure defense lawyers can advise you of your legal rights, and build a strong case that will allow you to stay in your home. Call us now at (954) 523-4357 or fill out our online form to schedule a free review of your case.
