There are no two ways about it: The prospect of foreclosure and possibly losing your home is a frightening one. But you should remember that it’s a prospect you do not have to face alone. The experienced Miami foreclosure defense attorneys at Loan Lawyers are ready to step in and protect your rights while seeking the best outcome possible.
Our Miami foreclosure defense attorneys are proud that we’ve helped 5,000 families get out of debt and saved over 2,500 homes on their behalf. Our attorneys have over a century of combined legal experience that we are ready to put to work for you.
Find out what we can do for you when you contact our South Florida foreclosure defense lawyer for a free and confidential consultation. We offer compassionate support in a judgment-free environment. Let us help you find the best path forward.
What Should I Do After Getting a Foreclosure Notice in Miami?
The first thing you should do after receiving a notice of foreclosure is to contact our experienced foreclosure defense lawyers in Miami. While a notice means that the creditor has filed a lawsuit in court, there could still be time to protect your home and resolve the matter outside of a courtroom. At Loan Lawyers, we can explore options like applying for a mortgage modification or curing the default.
Miami Mortgage Foreclosure Timeline
While the length of the foreclosure process can vary significantly based on the specific circumstances, most follow the same general timeline, starting when a lender misses a mortgage payment. From there, they typically take the following courses:
- Notice of Default (Day 1-119) – Once a homeowner misses payments, the lender may send a notice of default warning the homeowner they are in default. The lender cannot initiate foreclosure proceedings during the first 120 days of delinquency to give homeowners a chance to explore loss-mitigation options.
- Notice of Foreclosure (Day 120) – After 120 days, the lender can file a lawsuit with the court to start the foreclosure process. The homeowner will be served with a lis pendens notice, which announces the lender’s intent to pursue legal action to repossess the property.
- Response Period (Day 121-140) – After being served, homeowners generally have 20 days to respond to the court with an answer.
- Court Proceedings (Several Months) – If the homeowner responds, the foreclosure will proceed as a typical lawsuit with discovery, motions, and a possible trial. If the lender wins the case, the court will enter a judgment of foreclosure and set a sale date for the property.
- Foreclosure Sale – After the judgment of foreclosure, the property will be auctioned in a foreclosure sale. In Florida, foreclosure sales are typically held 20 to 35 days after the judgment, but this can vary. If the property is sold to a third party, they take possession of the property. If no one buys the property, it goes back to the lender.
Common Defenses Used in Miami Foreclosure Cases
A notice of foreclosure is frightening, but it’s not game over. You could have several options for protecting your home. A few examples of defenses our Miami foreclosure attorneys frequently use include:
- The foreclosure is based on false or inaccurate information
- The lender did not follow state protocol before initiating foreclosure proceedings
- The party initiating foreclosure does not have standing to do so
- The lender engaged in unfair or predatory lending practices
Each case is unique, and we tailor our foreclosure defense in Miami to each client’s specific circumstances.
How Does the Florida Foreclosure Process Work?
The foreclosure process in Miami and throughout Florida is judicial, meaning it must go through the court system. Here is a general overview of the Florida foreclosure laws and established process:
After a homeowner has missed mortgage payments, the lender (usually a bank or other financial institution) may initiate foreclosure proceedings. The first formal step is the filing of a lawsuit in the county where the property is located. The lawsuit is accompanied by a lis pendens, which is a notice that the property is the subject of a lawsuit. The lis pendens notice is recorded with the county, and the homeowner is formally served with the lawsuit.
The homeowner then has 20 days from the date of service to respond to the lawsuit. If the homeowner fails to respond, the lender can request a default judgment from the court, which can significantly expedite the foreclosure process. If the homeowner responds and disputes the lender’s right to foreclose, the process will continue much like any other lawsuit with pleadings, discovery, and potentially a trial.
If the lender prevails in the lawsuit, the court will issue a final judgment of foreclosure. The judgment will include the total amount the homeowner owes, including the outstanding principal, interest, fees, and costs. The court will then set a date for the foreclosure sale, which cannot take place less than 20 or more than 35 days after judgment.
At the foreclosure sale, the property is auctioned off to the highest bidder, which can include the lender. In Florida, the original homeowner has the right to redeem the property — or buy it back — any time before the winning bidder gets a certificate of sale or the time specified in the foreclosure judgment.
Can Filing for Bankruptcy Help My Foreclosure Defense?
Filing for bankruptcy may assist in your foreclosure defense. When you declare bankruptcy, an automatic stay goes into effect, halting your creditors from taking action to collect. This process can buy you time to catch up on payments or renegotiate your loan terms. As your Miami foreclosure attorneys, we can guide you through this process and evaluate whether this option is right for you.
Can a Loan Modification Help Stop Foreclosure in Miami?
Yes, a loan modification can help stop foreclosure in Miami. Loan modifications alter your loan terms, potentially making payments more manageable. We can explore your options for negotiating a loan modification with your lender, offering another tool in your foreclosure defense.
How Can a Miami-Dade Foreclosure Attorney Help Me?
Many homeowners facing foreclosure are worried about the expense of hiring an attorney. After all, money is tight, or they likely wouldn’t be in the position they’re in. However, foregoing the help of an attorney is a mistake, as those who attempt to represent themselves are at a serious disadvantage to lawyered-up lenders.
Instead of handling your defense yourself, turn to an experienced foreclosure attorney in Miami with Loan Lawyers, who can assist you by:
- Reviewing and explaining legal documents
- Filing your response
- Exploring defense strategies
- Negotiating with your lender
- Advising on possible bankruptcy
- Doing everything in our power to protect your rights and assets
Remember, the sooner you get in touch with our foreclosure defense attorneys in Miami, the more we can do for you.
Contact the Miami Foreclosure Attorneys at Loan Lawyers for Help
The Miami foreclosure attorneys with Lawn Lawyers are passionate about providing our clients with the highest standard of legal representation, focusing on foreclosure defense in Miami. When the overwhelming possibility of a Miami-Dade County foreclosure looms, take action with Loan Lawyers.
Call us today or contact our Florida foreclosure defense lawyer online to learn more about how we can help you at this challenging time.
