If you have received notice from your lender stating that they are going to start the foreclosure process, you have a lot on your mind. Speaking to a Florida foreclosure defense attorney may not be the first thing you think about. However, contacting a lawyer is one of the most important steps in the process. You may think that losing your home is inevitable, but a lawyer may advise you on the different defenses available that can help you defend against foreclosure. Below, our South Florida foreclosure defense lawyer explains how the process works and how a lawyer can help with your case.
Florida is a Judicial Foreclosure State
Many people who face foreclosure have never been through the process before. Due to this, they do not know what to expect, or even when their lender can foreclose. Lenders cannot simply decide to foreclose on any property they want. There are very specific steps they must take and if they do not, it can provide a defense in a foreclosure case.
In Florida, lenders must file a foreclosure lawsuit against the homeowner and win their case in court before they can evict borrowers from their homes. Foreclosure lawsuits in Boca Raton are filed in Palm Beach County Circuit Court. After the lawsuit is filed, a trial date will be set. During the trial, you and the lender each have the opportunity to argue your case to a judge. The lender will argue why they should be allowed to foreclose on the home and you can raise certain defenses. Even getting a trial date can take some time but you can remain in your home at least until the trial is over.
How a Foreclosure Trial Works in Boca Raton, Florida
It is true that Florida is a judicial foreclosure state and that your lender must file a lawsuit against you and win their case before they can evict you from your home. However, this step is just the start of the process.
Once the lender files the lawsuit with the Palm Beach County Circuit Court, you will be served with the complaint. Within the paperwork, you will also receive a summons. The complaint will inform you of the case the lender has against you and the reason they want to foreclose on your home. In the vast majority of cases, the reason is that the homeowner is delinquent in their mortgage payments. The summons will tell you important information about your first court hearing, including the time, date, and location of your hearing.
You do have the opportunity to respond to the lender’s complaint, but you only have 20 days to do so. Filing a response with the court may not seem like a major issue, but it is one of the most important steps to take in your case. If you do not file a response, the lender will probably ask the court for a summary judgment against you, and a judge will likely grant the request. A summary judgment means that the lender automatically wins their case and that they can move forward with the foreclosure. A Boca Raton, FL foreclosure defense attorney can help you file your response in a timely manner.
Once you have filed your response with the court, the discovery phase of the lawsuit will begin. During discovery, you can ask the lender for certain information they intend to use against you during the trial. Likewise, the lender can also ask you for specific information. Discovery can be conducted either through written questions and answers or questions can be answered orally.
For example, your lawyer may ask the lender for the mortgage note during the discovery phase. If the lender cannot produce the note, you can use this as a defense because the lender cannot prove that they own the mortgage loan. Before filing a foreclosure lawsuit, your lender must also notify you that they are going to start the process. Your attorney may ask for this notice during the discovery phase and if they cannot prove that they sent it, that can also help you stay in your home.
The judge may also award the lender a summary judgment if they present enough evidence against you. If a summary judgment is not awarded, the case will proceed to the trial phase. If you have not started working with a Boca Raton foreclosure defense attorney by this point, now is the time to contact one. Defending a foreclosure case is very difficult if you are not familiar with the defenses available and the procedures that must be followed. Your lender will also have a team of lawyers working for them, so it is important that you have sound legal counsel, too.
How Can a Foreclosure Defense Attorney in Boca Raton Help with Your Case?
The foreclosure process in Boca Raton can be complex, but an attorney will understand the process and guide you through it. While working on your case, a Boca Raton foreclosure defense attorney will:
- Determine if your lender followed the proper procedure
- Outline the possible defenses to foreclosure and help you determine which one is right for you
- Identify if the lender violated the Florida Fair Lending Act
- Ask your lender for certain documentation such as proof of missed payments, the mortgage note, and statements showing how mortgage payments were distributed
- Recommend options that will allow you to stay in your home throughout the process, and potentially for many years afterward
- Negotiate a loan modification with your lender on your behalf
- Recommend bankruptcy, if appropriate, and help you through the process
Call Our Foreclosure Defense Attorneys in Boca Raton, FL for Help with Your Case
If your lender has started the foreclosure process, do not go through it alone. At Loan Lawyers, our Palm Beach County foreclosure defense lawyers can advise you of your legal options while giving you the best chance of staying in your home. Call us now at (954) 523-4357 or contact us online to schedule a free review of your case.
