After receiving notice that your lender is going to start the foreclosure process, you have a lot on your mind. At this time, the thought of speaking with a foreclosure defense attorney may not have occurred to you. Truthfully, no one should go through the foreclosure process alone, even if you believe that you will ultimately lose your home. A Plantation foreclosure defense lawyer will bring many benefits to your case, including knowledge of the law and ways you may be able to keep your home.
What is Foreclosure?
To most people, foreclosure is a fairly straightforward concept. When borrowers cannot make their mortgage payments, the lender will foreclose and seize the property. However, foreclosure is a legal process, particularly in Florida, which is a judicial foreclosure state. Your lender cannot simply decide to foreclose on your home and force you to leave the premises.
In Florida, your lender must file a lawsuit against you in court in order to foreclose on your home. They then must present their case to the court and defend against any arguments you raise against the lender. For example, if the lender cannot produce the mortgage note, you can raise that argument in court and it can serve as a defense that will allow you to keep your home. It can take some time before a foreclosure lawsuit is resolved in court and during that time, you can also remain in the home.
Many people going through the foreclosure process have never experienced it before. A South Florida foreclosure defense lawyer can guide you through the process and help ensure the most favorable outcome possible.
Understanding the Foreclosure Process in Plantation
Every foreclosure case in Plantation starts when the lender files a foreclosure lawsuit with the appropriate court. A mortgage servicer may also file a lawsuit.
Once the lawsuit is filed, you must be served with a copy of the complaint and a summons, which tells you the details of your first court hearing. After receiving this notice, you only have 20 days to respond, and it is critical that you do. If you do not respond in the appropriate amount of time, your lender can petition the court for a default judgment against you. If they are successful, which is likely, they will automatically win their case and you will lose your home. A Florida foreclosure defense lawyer will know how to prepare your response and make sure it is filed on time.
After your response is filed with the court, the case enters the discovery phase. During the discovery phase, you can ask the lender for the evidence they are going to use against you, and the other side can also ask you to produce certain information. This phase is extremely complex, and there is a lot of legwork involved. A lawyer will know which information to obtain from the lender, which is crucial to your case. Another example is that a lawyer may ask the lender to produce the notice of foreclosure they are required by law to send you. If they cannot provide a copy of the notice, that could also serve as a defense in your case.
Your lender may ask the judge for a summary judgment once the discovery phase is over. If they have presented enough evidence to make a strong case against you, the judge may grant them summary judgment. The decision is final and the lender can move forward with the foreclosure process and evict you from the home.
If a summary judgment is not issued, the case will proceed to trial. If you reach this point and have not started working with an attorney, it is time to contact one. The court will not inform you about the intricacies of the legal system, and you will be left to defend the case on your own. The other side will also have a team of lawyers who will make arguments against you, and you may not know how to defend against these claims. A lawyer can represent you during these legal proceedings or even better, prevent your case from getting this far.
How a Plantation Foreclosure Defense Lawyer Can Help with Your Case
There are many benefits a Plantation foreclosure defense lawyer can bring to your case. When working with an attorney they will:
- Determine if your lender followed the proper procedure
- Identify the potential defenses in your case and prepare meaningful arguments
- Determine if your lender violated the Florida Fair Lending Act
- Identify any violations of the Florida foreclosure laws
- Request proof of the mortgage loan missed payments and distribution of payments
- Raise the Servicemembers Civil Relief Act defense, if you are a member of the armed forces
- Resolve your case in a manner that is most cost-effective for you
- Help you remain in your home during the foreclosure process, and potentially for years afterward
- Determine if your lender engaged in dual tracking, which is against the law
- Enter into negotiations with your mortgage servicer or lender for a loan modification
- If necessary, ensure you sell your home at fair market value so you can repay your lender as much as possible, which can help you avoid a deficiency judgment
- Advise on whether a Chapter 7 or Chapter 13 bankruptcy is right for you, and help you through the process
- Present evidence that you have made appropriate payments and that your lender has mismanaged them
Without a lawyer by your side, you run the risk of your rights not being upheld and losing your home unnecessarily.
Call Our Foreclosure Defense Lawyers in Plantation Today
If you have received notice that your lender is going to foreclose on your home, do not go through the process alone. At Loan Lawyers, our Plantation foreclosure defense attorneys have helped thousands of clients stay in their homes, and we can put our experience to work to help with your case, too. Call our Broward County foreclosure defense lawyer now at (954) 523-4357 or contact us online to schedule a free review of your case and to learn more about your legal options.
