Thousands of Floridians fear losing their home to foreclosure every year, and many of them are right here in Pompano Beach. If your lender has notified you that they are going to start the foreclosure process, you may think the situation is hopeless. Fortunately, that is rarely the case. There are many defenses to foreclosure available and you do have options. Below, our Pompano Beach, FL foreclosure defense attorneys explain what those options are.
In this article:
- Is Fighting a Foreclosure Worth It?
- How Can A Pompano Beach Foreclosure Attorney Help You Save Your Home?
- Negotiate a Loan Modification
- File for Bankruptcy
- Prove Improper Procedure To Stop a Foreclosure
- Our Reviews
- Contact a Foreclosure Lawyer for a Free Consultation
Should You Fight a Foreclosure?
One of the first steps you should take after you learn that your lender is starting the foreclosure process in Florida is to determine whether or not you should fight it. If you do want to fight it, there may be several defenses available in your case. However, it is also important to determine if keeping your home is the right option for you. If you can no longer afford the mortgage payments on your home along with maintenance, taxes, and other house-related expenses, it may not make sense to keep it. Still, even if you do not think keeping your home is the best option, it may still make sense to fight the foreclosure. It is often better to keep control of the situation by defending against foreclosure and then selling the home on your own. This option can help you protect your credit score and may allow you to purchase another home sooner. Before making a decision, it is always advised that you speak to a Pompano Beach, FL foreclosure defense attorney who can provide sound advice on your case. 
How Can A Foreclosure Attorney Near Pompano Beach Help You Save Your Home?
You are not required to work with a Pompano Beach foreclosure defense lawyer when trying to keep your home. You could be considering handling your lawsuit yourself. However, an attorney knows the Florida foreclosure laws, will help you prepare for the process, and will know the potential defenses available. Many people ask “What does a foreclosure defense lawyer do?” Below we explain it in a helpful video talking about everything a foreclosure attorney will do for you to ensure you get the best possible outcome. A lawyer will also represent you if your case goes to trial. If your case makes it to that point, your lender will argue their case to a judge who will then make the final decision. A trial is an intimidating and overwhelming experience, particularly for those who have never been involved in one. Our lawyers will build a strong defense in your case and make arguments to the court pertaining to why you should keep your home. Below are some examples of possible foreclosure defense strategies we can use to help you avoid foreclosure in Pompano Beach FL.
Negotiate a Loan Modification
If your lender agrees to change any part of your mortgage loan, it can help you keep your home while also arranging for mortgage payments that are more affordable. This is known as a loan modification and it can allow you to change any part of your mortgage loan. You can negotiate for a lower interest rate or a reduced monthly payment, eliminate late fees, and even change the original amount of the loan or extend the life of the loan, which will also lower your payments. Obtaining a loan modification from your lender requires negotiation, which can be difficult for some people, particularly when they have never taken part in such negotiations before. A Florida foreclosure defense attorney will have the necessary experience and expertise to effectively negotiate a loan modification on your behalf. 
File for Bankruptcy
If you file bankruptcy, it can also help protect your home. Filing a Chapter 7 bankruptcy will allow you to discharge some or all of your debt, which includes your mortgage payments. Many people fear that this means they will lose their homes anyway, but that is not always the case. Florida Chapter 17 bankruptcy law has a very generous exemption that does not cap or limit, the amount of equity in your home you can protect. Due to this, if you have enough equity in the home, you may be able to keep it and stay in your home. By discharging the other debt you are carrying, such as credit card debt, you may also find it easier to pay any current or delinquent mortgage payments. In order to file for Chapter 7 bankruptcy, you must be eligible. This means you must meet several requirements, including passing the means test. To pass the means test, you must show that you currently do not have sufficient income to repay your debts. If you are not eligible for Chapter 7, you may be able to file for Chapter 13 bankruptcy. Through a Chapter 13 bankruptcy, your debt can be reorganized into a new payment plan, including your mortgage payments. This is a good option for homeowners who were not approved for a loan modification, as it essentially forces the lender to accept a new repayment plan. Most repayment plans in Chapter 13 extend between three and five years, giving you plenty of time to repay your debt and get the clean slate you are looking for. As soon as you file any type of bankruptcy, whether you do it yourself or with the help of a Pompano Beach bankruptcy lawyer, the court will issue an automatic stay. The automatic stay prohibits lenders and other creditors, including your mortgage lender, from contacting you and trying to collect on the debt. An automatic stay also prohibits lenders from taking legal action against you, including filing a lawsuit against you or foreclosing on your home.
Prove Improper Procedure To Stop a Foreclosure 
Lenders must meet certain requirements before they can foreclose on a borrower’s home. For example, lenders must provide borrowers with a notice of default that informs the homeowner they are delinquent in payments and gives them an opportunity to catch up on their payments, which must be no less than 30 days. Your lender must also prove that they own the mortgage and that you owe the amount they are arguing. This may sound like a fairly straightforward requirement, but that is not always the case. Lenders often sell packages of mortgages to investors and others, yet still, try to foreclose on a home they do not own the mortgage to. Any time a lender does not follow proper procedure, it can serve as a defense in a foreclosure case. Another defense that involves the actions of the lender is proving unclean hands. For example, if your lender agreed to pause your mortgage payments for a certain period of time but then started the foreclosure process after you did not make those payments, that is a fraudulent act and it can be used as a defense in a foreclosure case. You do not need to face foreclosure alone! Contact our Pompano Beach, FL foreclosure defense attorneys today to see how we can help. Call us at (954) 523-4357 or contact us online to schedule a free consultation.
What Our Clients Have To Say About Our Foreclosure Defense Attorneys
Read this 5-star Google review below regarding a Foreclosure case “My father was put in a very difficult situation when he found out that the house was going to be foreclosed, so I immediately started looking for the best attorney’s for Foreclosures. All my searches showed me Loan Lawyers and all the information I read was from Loan Lawyers, so I decided to search who Loan Lawyers were. To my surprise, they were exactly what we needed. With the proper guidance of Jessica Krassner and her team Nicole Mason and Norma Pabon, we were able to find out how to resolve the situation and what was needed to be able to resolve it.”
By: Terry Castillo Rating: 5/5 ⭐⭐⭐⭐⭐ January 3, 2022, Read more reviews on Google!
We Help Stop Foreclosure in These Areas
Related Services Near Pompano Beach, FL
Insurance Myers Insurance http://www.myersinsures.com/ 703 Federal Hwy, Pompano Beach, FL 33062 (954) 784-9029 GreatFlorida Insurance – Milka Sanchez https://pompanobeach.greatflorida.com/ 830 N Federal Hwy, Pompano Beach, FL 33062 (954) 532-6944
CPAs Hinkle, Richter & Rhine, LLP, CPA’s 2600 NE 14th St, Pompano Beach, FL 33062 http://www.hrcpas.com/ (954) 941-2312 Ahearn, Jasco + Company, P.A. 190 Southeast 19th Avenue, Pompano Beach, FL 33060 https://www.ahearncpa.com/ (954) 781-8800
CFPs Kyle Stroud – Program Manager, Ameriprise Financial Services, LLC https://www.ameripriseadvisors.com/Kyle.Stroud/ 400 N Federal Hwy, Pompano Beach, FL 33062 (954) 876-2341 Jeffrey Wilson – Raymond James https://www.raymondjames.com/jeffwilson 101 N Riverside Dr Suite 122, Pompano Beach, FL 33062 (954) 783-5495
Call Our Foreclosure Defense Attorneys in Pompano Beach, FL for a Free Consultation
If your lender has notified you that they are going to start the foreclosure process, do not go through the process alone. At Loan Lawyers, our Pompano Beach, FL foreclosure defense attorneys can advise on the options you have to keep your home and will give you the best chance of a positive outcome. Call us today at (954) 523-4357 or contact us online to schedule a free consultation.
