Need a Doral Foreclosure Defense Lawyer?
When homeowners receive a foreclosure notice, it can be a disheartening experience as it suggests that they are in danger of losing their homes. Such a situation can create a lot of anxiety and doubt, causing homeowners to feel like they have run out of options.
As a result, they may perceive themselves as being powerless and subject to the whims of their lenders.
Nonetheless, it is crucial to keep in mind that there are foreclosure defense strategies that homeowners facing foreclosure can employ.
Top-Rated Foreclosure Defense Attorney in Doral, FL
In addition to the sense of hopelessness that accompanies a foreclosure notice, receiving a notice of foreclosure or even the fear of it can bring about serious financial and personal consequences.
Every year, numerous homeowners in Doral, Florida, and throughout the state, worry about losing their homes to foreclosure. The news that a lender plans to initiate foreclosure proceedings in Florida might seem like a hopeless situation. However, with the assistance of our Doral foreclosure defense lawyers, such occurrences are uncommon.
Homeowners facing foreclosure have options when it comes to dealing with a Doral foreclosure. In the following sections, one of our foreclosure attorneys in Doral, FL at Loan Lawyers details the options for homeowners who are facing foreclosure.
Benefits Of Hiring A Foreclosure Defense Lawyer in Doral, Florida
Knowing the advantages that accompany hiring a Doral foreclosure defense lawyer can give homeowners the confidence to make knowledgeable choices that are in their favor while challenging their home’s foreclosure. We don’t advise you to handle the lawsuit yourself.
Hiring a foreclosure lawyer can have several benefits for homeowners facing foreclosure, including:
Legal Expertise
Foreclosure, mortgages, contracts, and borrower rights are all subject to numerous Federal and Florida foreclosure laws. Experienced foreclosure defense attorneys in Doral, Florida, such as those available at Loan Lawyers, possess a comprehensive understanding of the relevant foreclosure regulations.
Our track record demonstrates our ability to protect against the foreclosure process and to hold lenders accountable for any unfair lending practices.
Additionally, the laws governing foreclosure are frequently revised, making it crucial to have an experienced Doral foreclosure defense lawyer who remains up to date with the latest legal changes in foreclosure defense and can readily assist homeowners.
Foreclosure Defense Can Be Complex
Creating a foreclosure defense can be complex and convoluted, and it is not uncommon for homeowners to lack the legal knowledge or resources necessary to establish their case.
A huge benefit of hiring a foreclosure defense lawyer in Doral, FL is that they can aid in substantiating that the lender failed to follow appropriate procedures when initiating the foreclosure lawsuit, that the mortgage lender is unable to verify its ownership of the loan, or that there were significant errors in the homeowner’s account by the lender or mortgage servicer.
Demonstrating these defenses necessitates a comprehensive understanding of foreclosure law.
Foreclosure Defense Attorneys Can Provide Options
Many homeowners who are facing foreclosure in Doral, FL feel as if they do not have any further options to defend themselves against their foreclosure.
However, an experienced foreclosure defense attorney in Doral, FL can provide options for homeowners facing foreclosure including:
- Chapter 13 Bankruptcy – In some cases, a Chapter 13 bankruptcy may enable homeowners who have fallen behind on their mortgage to save their home. With a Chapter 13 bankruptcy, a homeowner can catch up on the missed mortgage payments over a span of 36 to 60 months.
- Loan Modification – Numerous mortgage modification programs are available to aid homeowners who are struggling to pay their mortgages.
Our team of foreclosure defense attorneys in Doral, FL have been successful in securing mortgage modifications for our clients that have decreased their interest rates, prolonged their payments, and incorporated overdue payments into their mortgage.
The Foreclosure Process in Florida
Foreclosure is a lawful procedure through which a lender acquires ownership of a property from a borrower who has failed to repay their mortgage loan. This process can be an arduous and emotionally draining experience for homeowners, often resulting in the loss of their homes and community.
Moreover, foreclosure can have lasting adverse effects on a person’s credit score, making it challenging to obtain credit or secure a loan in the future. It’s also important to note that homeowners must register their foreclosure as well, and can be done so through the Miami-Dade County foreclosure registry page.
For those confronting foreclosure, it is essential to seek expert assistance and examine all potential alternatives to lessen the impact of foreclosure.
The process of foreclosures in Florida is as follows.
Homeowner Misses Payment(s)
Foreclosure takes place when mortgage payments are not made. Therefore, the initial stage of the foreclosure process occurs when the borrower, or homeowner, misses payments on their home.
The homeowner is typically notified of the missed payment and incurs late fees as a result. If the missed payment is an isolated incident, it is not necessary to proceed with the foreclosure process.
However, if the borrower continues to fall behind on payments due to ongoing financial issues, foreclosure may become a looming reality.
Pre-Foreclosure Loss Mitigation Period
Before a lender can file a foreclosure lawsuit in Florida, the homeowner must have missed payments for at least 120 days. Prior to this, the lender can only issue a breach letter and attempt to collect the missed payments.
This is an opportune time for borrowers to explore potential loss mitigation options, such as a loan modification or short sale, by consulting with their loan servicer as well as a foreclosure defense attorney in Doral, FL.
It is very advisable to seek the guidance of a Doral foreclosure attorney during this mitigation period.
Obtain the Services of a Foreclosure Defense Attorney in Doral, FL
To avoid having a foreclosure on their record, homeowners should seek the advice of a foreclosure defense attorney as early as possible.
Even if foreclosure alternatives are not always feasible, exploring them can be beneficial. If an alternative is accepted, the foreclosure process can be halted at any stage.
By having a foreclosure attorney to represent their interests throughout the process, borrowers can ensure the best possible outcome.
Lender Sends Notice of Default to Homeowner
The initial stage of the Florida foreclosure process involves serving the borrower with a civil complaint that declares them in default due to missed mortgage payments.
Complaint Is Filed & Borrower Is Summoned
Once the Summons and Complaint are filed along with a lis pendens, it signals that a legal dispute is ongoing.
In Doral, for judicial foreclosures, the complaint is generally served by the county sheriff where the borrower lives. This formalizes the process of judicial foreclosure and the details of the lawsuit will be made public record.
20 Days to Respond
Borrowers in Florida are given a period of 20 days to respond to the foreclosure complaint and are required to submit an answer to the court’s clerk within that timeframe.
It is recommended that an experienced Doral foreclosure defense attorney draft the response on behalf of the borrower to raise a defense. If the borrower fails to submit an answer, the summary judgment process will proceed without the borrower having the opportunity to present a defense.
Summary Judgement Motion
Consequently, the lender may file for a summary judgment motion to avoid a formal court trial. If the judge considers the defendant’s response to this motion as inadequate or submitted out of time, both parties will have a chance to present their cases during the summary judgment hearing.
Following the hearing, a judgment will be issued.
Trial of Foreclosure
If the motion for summary judgment is denied, the foreclosure case will proceed to trial. During the trial, both parties will present their arguments, and the judge will make a ruling on the case.
It is recommended for borrowers who have not yet done so to hire a Doral foreclosure defense attorney to represent them and advocate for their case.
Foreclosure Sale
The property is usually sold at an auction within a few weeks after receiving a judgment. This auction process generally lasts for a few weeks.
Once the property has been sold, the new owner will be issued the title, and the borrower will be required to vacate the property. If the borrower fails to leave, the new owner will have to seek eviction assistance from the sheriff.
Deficiency Judgement
Having a qualified foreclosure attorney in Doral, FL can help borrowers avoid this step as the lender may choose not to pursue a deficiency judgment in Florida.
If the lender does obtain a deficiency judgment, it would be for the difference between the sale price of the property and the amount owed by the borrower.
Talk With a Doral Foreclosure Defense Attorney
Don’t wait, call us today at or contact us online to book a 100% no-cost, no-obligation consultation with one of our experienced Doral foreclosure lawyers.
We will answer all of your questions about the foreclosure process in Florida, and discuss the options that give you the best chance of a successful outcome.
Call us now at (954) 807-1361 or contact us online to schedule a free consultation.
What Clients Say About Our Team of Foreclosure Defense Attorneys
Read this 5-star Google review below regarding a potential foreclosure case “After having a difficult and confusing time with my mortgage company, I reached out to Loan Lawyers. Every one of their staff has been amazing since day one. I have been involved every step of the way with the process and they are absolutely wonderful at communication. Nicole Mason has been my saving grace through this whole process. I am really appreciative that they have made such a stressful process, as smooth as possible for my family and I.”
By: Jasmine Guerrero Rating: 5/5 ⭐⭐⭐⭐⭐ Read more reviews on Google!
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