Tuesday, May 15, 2012

Florida Foreclosures – What Happened and How Can I Protect My Home in Florida?



Let’s get one thing straight: the reason that you need professional legal assistance when you are facing the potential foreclosure of your Florida home is because the bank or mortgage company who owns your mortgage will not look out for your best interest.  The global financial crisis that resulted, in part, from fraudulent business practices on Wall Street created a situation in which your home mortgage – and the rights to it – has likely been sold as bonds to multiple stakeholders.  What this means is that there is no one at your bank or mortgage company who will lend a sympathetic ear to your financial hardships, regardless of how devastating they might be, because there are multiple corporate interests involved. 

In fact, many of these companies have moved your mortgage around between themselves that they are unable to provide original documents proving that they, indeed, hold the loan.  This has created a situation in which companies are using falsified documents to take your home from you—and these documents are passing through the courts unnoticed because of the wave of foreclosures that are happening around the state.  The same companies who participated in throwing Floridians in a tailspin with sub-prime mortgages and unethical business practices are now welding their power to take residents’ homes away from them. 

This is why a foreclosure defense attorney is a valuable asset to have on your side if you are facing the threat of foreclosure of your Florida home.  With the right defense in place, you will have a much greater chance of delaying, or even winning, the foreclosure claim that has been placed against you.  Foreclosure defense attorneys know what to look for to make sure that your bank or mortgage company is playing by the rules (because so many of them don’t!) and know all of the legal processes to keep you in your home for as long as possible, even if you have missed a payment on your mortgage.  

Tuesday, May 1, 2012

Florida Foreclosure Defense Basics




Foreclosure Defense is a one-two-three punch of legal defense within the court system, financial planning, and debt solutions that are determined outside of the courts. Beyond providing a legal defense for you when you and your family are faced with a foreclosure, a foreclosure defense attorney will conduct a thorough financial analysis of your debts and assets, and help you find the best possible route out of your financial trouble so that you have a better chance of keeping your home.  Foreclosure defense attorneys also conduct negotiations with your creditors, particularly your bank or mortgage company who is foreclosing on your loan. 

Make no mistake – a foreclosure process is indeed a legal process that can happen quickly and you will need the assistance of a legal professional to put up a fight for your home. Foreclosure defense attorneys will help you delay a foreclosure or, in many cases, avoid a foreclosure altogether, by providing you with the legal defense you need to stop the mortgage company from taking your home and taking advantage of corporate loopholes in the process.  They will have lawyers on their side; you should do the same if you want your legal rights protected. 

When you are given a foreclosure summons, you will have 20 days from the date you receive your summons to respond in writing or lose the right to do so.  In Florida, the foreclosure process can take several months or it can go quickly, depending on the particular circumstances around your foreclosure and whether the courts in your particular jurisdiction are backlogged with foreclosures.  Particularly if you have missed a payment on your mortgage, you should contact a foreclosure defense attorney who islicensed in Florida and can give you an estimate of the timeline of foreclosures in your area of the state.