Hialeah, Florida Foreclosure Defense Lawyer
Receiving a foreclosure notice or fearing foreclosure is a serious matter that can have significant financial and personal consequences.
Florida homeowners, including those in Hileah, fear losing their homes to foreclosure every year.
A lender’s notification that they will begin the foreclosure process in Florida may give you the impression that your situation is hopeless.
Unfortunately, this does not occur very often when our Hialeah foreclosure defense attorneys are involved. There are many defenses to foreclosure available and homeowners facing foreclosure do have options.
Below, our Florida foreclosure defense lawyer explains what options homeowners facing foreclosure in Hileah have.
What Is the Foreclosure Process in Florida?
Foreclosure is the legal process by which a lender takes possession of a property from a borrower who has defaulted on their mortgage loan.
This process can be stressful and emotionally taxing for homeowners, as it often results in the loss of one’s home and the disruption of their community. Additionally, a foreclosure can have a long-term negative impact on a person’s credit score, making it more difficult to obtain credit or secure a loan in the future.
It is important for those facing foreclosure to seek professional help and explore all options to mitigate the impact of foreclosure. Here’s the process for foreclosures in Florida.
In Hialeah, there is a foreclosure registry program, which is required for certain properties in foreclosure, default, or if they are owned by the bank.
1. Borrower Starts Missing Payments
Foreclosures occur because mortgage payments haven’t been paid. Therefore, the first step in the foreclosure process must be when the borrower (homeowner) misses payments on the home. The borrower is likely to be notified of a missed payment and, as a result, will incur late fees. It is not necessary to move forward with the foreclosure process if the skipped payment was a one-time occurrence. If, however, the borrower falls behind on payments because of changes in his or her financial situation that will not soon be resolved, foreclosure may soon be a reality.
2. Loss Mitigation Period Prior to Foreclosure
In order to file a Florida foreclosure lawsuit, the borrower must be delinquent in payments for at least 120 days. Until 120 days have passed with no payments, the lender can only issue a breach letter and contact the owner in order to recover the missed payments. This period is an ideal time for the debtor to discuss with the loan servicer any loss mitigation options available, such as a loan modification, a short sale, etc. During this phase, it is recommended that homeowners seek the advice of a Hialeah foreclosure defense attorney.
3. Seek Assistance From Hialeah Foreclosure Defense Lawyer
If a foreclosure alternative is accepted, the process could be halted at any step. Therefore, debtors seeking to avoid having a foreclosure on their record should consult with a foreclosure defense attorney early on. While such options are not always viable, exploring them is always beneficial. It is at least possible to have a lawyer represent the borrower’s interests throughout the process and ensure the best outcome for the borrower.
4. Notice of Default Is Issued by Lender
The Florida foreclosure process begins with this step, which notifies the borrower that a civil complaint has been filed against them. This notification essentially declares that the borrower is in default as a result of missed mortgage payments.
5. Summons & Complaint Are Filed
After the Summons and Complaint are filed with a lis pendens, it will indicate that litigation is underway. In the case of judicial Hileah foreclosure, the complaint is usually delivered by the sheriff of the county where the homeowner resides. This formalizes the judicial foreclosure process. The action will be published on the public record.
6. Borrower Has 20 Days to Reply
In Florida, borrowers will have 20 days to respond to the foreclosure complaint and must submit an answer to the court’s clerk within that time frame. An experienced Hileah foreclosure defense attorney should draft this for the borrower in order to raise a defense. In the absence of an answer, the summary judgment process will proceed without the borrower having the opportunity to present a defense.
7. Summary Judgement Motion
As a result, the lender is likely to proceed with a summary judgment motion in order to avoid formal court proceedings. In the event that the judge deems the defendant’s answer to this motion insufficient or that it did not come in time, both parties will have the opportunity to present their arguments at the summary judgment hearing. After the conclusion of this hearing, a judgment will be issued.
8. Foreclosure Trial
If the motion for summary judgment is not granted, a foreclosure trial will commence. Once both sides have presented their arguments, the foreclosure judge will issue a ruling. If the borrower has not already done so, it is advisable to enlist a Hileah foreclosure defense lawyer to plead their case.
9. Foreclosure Sale
It is usually within a few weeks of receiving a judgment that the property will be sold at auction. This process typically takes a few weeks. Once the property has been sold, the new owner is issued the title, and the borrower is forced to leave. If the borrower refuses to leave the home, the new owner will be forced to have the sheriff evict them.
10. Judgement Of Deficiency
If the debtor has retained a qualified attorney, this step may be avoided by the lender. Deficiency judgments in Florida can be obtained for the difference between the property’s sale price and the amount owed by the borrower.
Can You Stop Foreclosure in Florida?
In Florida, there are several ways to potentially stop a Hileah foreclosure. Some of these methods created to stop foreclosure can include:
- Working With the Lender – One option is to work with the lender to come to a mutually beneficial solution, such as a loan modification or forbearance agreement. These types of agreements may allow the borrower to catch up on missed payments and keep the property.
- File for Bankruptcy – Another option is to file for bankruptcy, which can halt the foreclosure process while the case is being resolved.
- Foreclosure Mediation – Additionally, Florida homeowners have the right to mediation before the sale of the property. In this process, a neutral third-party mediator will work with the homeowner and the lender to try to reach a resolution that benefits both parties.
- Contest the Foreclosure – Homeowners also have the right to contest the foreclosure in court, which can delay the process.
- Reinstate the Loan – In Florida, the borrower does not have a statutory right to reinstate the loan before the sale. However, many mortgages do provide the borrower the right to restore the loan after acceleration.
- Redeem the Property – A foreclosure can be stopped by redeeming the property. To redeem, you must pay off the entire amount of the mortgage prior to the foreclosure sale. Florida also provides foreclosed borrowers with a redemption period after the foreclosure sale, during which they can buy back the home. The redemption period for a Hileah foreclosure is only 10 days.
However, it’s important to note that many of these options require the homeowner to take immediate action and the best course of action will depend on the individual’s circumstances.
It is advisable to seek the help and legal advice of a Hileah foreclosure defense lawyer in order to understand the best options available and to act accordingly.
See Why It’s Important to Choose the RIGHT Law Firm to Assist With Your Foreclosure
Top-Rated Foreclosure Attorney in Hialeah, FL
A Hialeah foreclosure defense attorney at Loan Lawyers can help homeowners facing foreclosure by reviewing their mortgage documents, identifying potential defenses, and advocating on their behalf.
One of our Hileah foreclosure defense attorneys near you can help you navigate the legal process, advise them on their rights and options, and negotiate with their lender. The foreclosure defense attorneys at Loan Lawyers can also help homeowners understand the potential consequences of foreclosure and the steps they can take to mitigate them.
Additionally, our South Florida foreclosure defense lawyers can help homeowners understand the foreclosure process, the Florida foreclosure laws that protect them, and the potential outcomes of their cases. Moreover, our team can represent homeowners in court, if necessary, and help them understand their rights and obligations throughout the process.
Loan Lawyers can also help homeowners understand the short sale or the deed in lieu of foreclosure and the impact on their credit report.
In short, a Hialeah foreclosure defense attorney from Loan Lawyers can provide homeowners with the legal knowledge and support they need to navigate the foreclosure process and protect their rights and interests.
We encourage you to learn more about how we can help you find solutions for your Hileah foreclosure defense.
Call us now at (954) 807-1361 or contact our Miami-Dade County foreclosure defense lawyer online to schedule a free consultation and to learn more about how our team of experienced foreclosure lawyers can help you stop foreclosure.
Reviews of Our Foreclosure Defense Lawyers in Hialeah FL
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By Michael Loudin, read more of our 309+ reviews on Google.
“Just wanted to say thank you to Ashton Rooks, Ruth Grauuw who done an awesome job in helping me save my home. If you need help with a home foreclosure please give Loan Lawyers a call. Thanks again Ashton and Ruth for all your help.”
