When homeowners fall behind on their mortgage payments, they run the risk of losing their homes. No matter the reasons for your financial difficulties or inability to meet your mortgage obligations, you need to take proactive action to protect your rights and put yourself in the best position to keep your home.
Regardless of whether you are merely afraid that the bank will start foreclosure proceedings, or you are already deep into a foreclosure lawsuit, you need dedicated lawyers who can ensure that you understand your options and rights, and who will fight to protect those rights.
We have been consistently told by banks and their lawyers that when their firms get new files assigned to them they are divided into 3 tiers that determine how prepared they need to be to handle the case;
- Pro-se (no lawyer)
- Represented by a lawyer
- Represented by Loan Lawyers.
That’s why when their own friends and family members need foreclosure defense assistance they refer them to our firm!
At Loan Lawyers, we have over 100 years combined experience fighting for the rights of homeowners. Several of our attorneys and paralegals on staff used to work for banks and their foreclosure law firms so we know the most optimal way to maximize the value and recovery in your case. We are also not only counselors and advisors, but battle proven litigators and trial lawyers. By developing our reputation as fighters, and have taken over 200 foreclosure cases to trial, and have achieved tremendous results for our clients both at trial and in settlement negotiations. When banks and loan servicers go up against Loan Lawyers they know that we always aggressively fight for our clients’ rights and are willing to go to trial if we have to. Therefore, we are able to get our clients’ the maximum benefit and recovery in their cases.
With Loan Lawyers, you can trust our Fort Lauderdale foreclosure defense attorneys to work tirelessly protecting your and your family’s home. Contact us now for a free consultation to find out more about your best legal options for fighting foreclosure.
What Should I Do When I’m Notified of a Foreclosure Lawsuit?
If you receive a complaint and summons for a foreclosure lawsuit, it is critical that you seek the services of an experienced foreclosure defense attorney. Even though the bank has filed a lawsuit, there may still be time to resolve your mortgage issues out of court – including curing the default on your mortgage or applying for a loan modification.
Once you receive a complaint and summons for a foreclosure lawsuit, you have a limited period in which to file a response to the complaint. Your response to the complaint will admit or deny each of the allegations contained in the bank’s complaint, or state that you have insufficient knowledge to admit or deny the allegations. If you admit to an allegation, the court will accept it as fact. This response is also the opportunity to assert any legal defenses you may have to the lawsuit, along with any legal claims you may have against the bank or mortgage holder.
If you fail to file a valid response to the complaint, all allegations within it will be considered true, and the court will enter a default against you. Once default is entered, it is difficult to stop the foreclosure process. This is why it is critical that you seek the services of a knowledgeable foreclosure attorney who can review your case and assert any defenses or legal claims on your behalf to try and stop the foreclosure.
Common Defenses to Foreclosure
In Florida, mortgage holders are required to go to court to initiate a foreclosure. This means that you will have an opportunity to present to a court any defenses and objections to the bank’s attempts to foreclose on your home. Depending on the facts and circumstances of your case, there may be reasons that could lead the court to delay or stop a foreclosure of your home.
Some of the more common defenses to foreclosure that our attorneys have frequently argued include:
- Foreclosure filing based on false or inaccurate information
- Failure to file the procedures for foreclosure required by state law
- Not legally entitled to file the foreclosure action
- No personal knowledge of information in the affidavits in support of the foreclosure
- Notary public on the mortgage documents failed to follow the regulations
- Errors or gaps in the chain of title for the note and/or mortgage
- Violation of laws and regulations governing the recording or assignment of mortgages
- Fraudulent behavior or predatory or unfair lending practices by original lender
Banks and mortgage companies do not always follow the required steps for issuing, assigning, or pursuing foreclosure of mortgages. That’s why it’s critical to have an experienced foreclosure defense attorney who can thoroughly review your case to ensure that your rights and the law are not being violated – to prevent the loss of your home by putting an end to foreclosure proceedings and helping in negotiations with the bank.