Thousands of American homeowners face the daunting issue of foreclosure every year. If you’re dealing with a foreclosure yourself, you’re not alone.
In particular, Florida residents have experienced some of the most alarming foreclosure rates in the country over the past decade. Florida has reported the highest foreclosure rate in the United States.
What happens if you’re already strapped for cash and struggling to figure out how you’ll fight back against a foreclosure filing on your home? While you might be tempted to handle it yourself, fighting a foreclosure lawsuit against a lender can be challenging. Success often requires specific knowledge of the process. With so much on the line, handling a foreclosure battle without the assistance of an experienced attorney could spell disaster.
To learn more about what is involved in the foreclosure process in Florida, contact Loan Lawyers by phone or online now for a free, confidential consultation.
What Is a Foreclosure Pro Se Representation?
When people purchase homes, their mortgage contracts typically include one or more clauses that describe what a lender can do if a homebuyer fails to make their mortgage payments on time.
One of the most common remedies in this kind of situation is called foreclosure. In a foreclosure, lenders seize a delinquent borrower’s property, evict them, and then sell the property in an attempt to recoup any past-due amounts the borrower owes.
There are two main types of foreclosure in the United States, including:
- Non-judicial foreclosures – As the name suggests, non-judicial foreclosures are those that involve no formal judicial process. Non-judicial foreclosure is typically handled out of court, though lenders must still follow specific legal procedures to initiate and finalize non-judicial foreclosure, such as posting official notices of their intent. Florida does not allow non-judicial foreclosures. Any foreclosures that are filed in our state must go through an alternate process known as a judicial foreclosure.
- Judicial foreclosures – In Florida and 22 other states, judicial foreclosure is the only option available for lenders who wish to remove delinquent borrowers from a mortgaged home. In a judicial foreclosure, a lender will sue a borrower in court to obtain permission from the court to sell the borrower’s property. The funds from the sale are used to cover delinquent loan payments.
This brings us to “pro se” foreclosure representation. Every American has the right to defend themselves in court without an attorney, which is what pro se representation is. The term “pro se” is derived from a Latin phrase meaning “for oneself.” Appearing in court without a legal representative is possible in the U.S. legal system.
Pro se representation may seem like an attractive option for people without significant financial resources or those who just prefer to take care of things themselves. However, going to court without a licensed attorney can be a huge risk – especially if you are arguing against experienced professionals on the lender’s side.
Why You Should Consider Hiring a Lawyer
You have your own job, family, and other concerns to deal with. The learning curve for foreclosure defense is steep. Since you don’t want your foreclosure case to be derailed by simple mistakes, it’s a good idea to hire an experienced foreclosure defense attorney before making any big decisions.
A lawyer can help your foreclosure case by:
- Offering specialized training and knowledge – Foreclosure proceedings are subject to a variety of state and federal laws. Foreclosure defense lawyers study and analyze those laws for a living. The laws are complicated and difficult to understand for people without years of practice.
- Providing the most up-to-date information – Not only is foreclosure law complex, it’s also dynamic. The relevant laws change every year, which can be hard to keep up with if you don’t know what to look out for.
- Preparing complex, thorough foreclosure defenses – Many foreclosure defenses are based on arguments that a lender did not follow proper procedures within their claim. This kind of defense requires a thorough understanding of relevant statutes and prior court decisions, which often means an abundance of research and research material.
- Helping you follow specific court procedures correctly – It’s entirely possible to have a solid case with irrefutable proof and then lose out on your right to sue because of a simple administrative blunder. A foreclosure defense attorney knows all of the particular details required by law in your state and can help you avoid this kind of frustration.
Defending Home Foreclosure Is a Delicate Process
If your foreclosure defense lawsuit does not go as planned, you could be facing the loss of your home, an unmanageable amount of debt, and other grave consequences. Foreclosure laws are some of the most complex legal codes imaginable, so it’s incredibly easy to make simple mistakes that have lifelong effects. However, there’s no need to let this process overwhelm you.
Foreclosure defense lawsuits typically involve specific court documents that must be filled out in specific formats and then filed by specific deadlines. You may not know exactly how to respond to a foreclosure summons, manage any necessary paperwork, or mount a competent defense of your case – but a lawyer does.
If your only hesitation has to do with cost, that’s completely understandable. It’s important to keep in mind that many legal consultations are free, and most law firms offer payment plans to help alleviate some of the financial pressure.
Contact Our Foreclosure Defense Lawyers Today
If you are considering handling your own foreclosure defense, contact Loan Lawyers today for more information and a second opinion. We can help you understand the particulars of your unique situation and discuss all of the options that may be available to you.
Call our foreclosure defense, debt defense, and bankruptcy law firm or contact us online for your free consultation.