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Do I need to hire a lawyer for my foreclosure case in Florida?

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.

Categories: Foreclosure Defense
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