You should definitely hire a foreclosure lawyer if you are behind on mortgage
payments. There is a lot of confusion about whether a homeowner needs
to hire a lawyer to fight their foreclosure in Florida. The answer is
that any individual has the right to represent themselves in court. Now,
just because you can represent yourself does not mean that you should.
There's an old saying that the lawyer who represents himself has a
fool for a client.
Someone I met with earlier today is a great example of why you hire a lawyer.
She had a mortgage that was paid off. Some bank that she never heard of
then sues her for foreclosure. They had a note and mortgage attached to
the foreclosure complaint and each seemed to have this homeowner's
signature on it. The homeowner tells me that the signatures are forged
and that it may have been her ex-husband that did it. Regardless, she
had a great case because she did not sign he note and mortgage. Instead
of getting a lawyer, she thought she would handle the matter on her own.
Unfortunately she did not make the correct procedural steps. Her first
mistake was that she failed to file a counterclaim against the bank. The
next big mistake is that she failed to properly respond to the bank's
summary judgment motion. The trial court then granted the bank summary
judgment and ordered the house be sold at auction because the homeowner
did not do what she should have done. This poor Broward county resident
is struggling to save a home that she paid off and had not mortgage on.
What should have been done is a lawsuit should have been filed against
the bank, a handwriting expert should have been hired, and this person
should be getting a nice check from the bank for her troubles. Now, since
she did not hire a foreclosure lawyer, her house is due to be sold.
The banks will lie, steal, and cheat every chance they get. You need to
hire a licensed foreclosure attorney who knows the bank's tricks and
is not scared to go after them. It's not uncommon for banks to forge
signatures on documents , and at Loan Laywers we have sued banks for forgery
on several occasions.
If you are being sued in Florida for foreclosure, call us for a free consultation
with one of our foreclosure attorneys in Broward, Miami-Dade, or Palm Beach.