Foreclosure

Defense

Foreclosure

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What is a Foreclosure?

A Foreclosure is a legal action initiated by an individual or entity holding the mortgage to your house. After a default on the loan, and pursuant to the Mortgage instrument, the individual or entity pursues a foreclosure action to reclaim the property that is serving as collateral securing your loan. In the State of Florida, a civil lawsuit is required to foreclose on a person’s residential property. Once the foreclosure process has been concluded and a final judgment against the owner of the residential property has been granted by a civil court judge the individual or entity has the rights to the proceeds from the public sale of the residential property. If the residential property is not sold during the foreclosure sale, the individual or entity pursuing the foreclosure retains the ownership rights to the residential property and they are now the new owners of the residential property.

What can I do in the event a foreclosure is filed against me?

First, in most cases if a foreclosure is filed against you, you may only have 20 days in which to file a legal response. It is important that a response to the foreclosure is filed. An attorney can help you file such a response, even though one may be filed by you. However, an attorney might be able to raise specific defenses to your foreclosure and thereby allowing you to fully defend yourself. These defenses may include:

What can I do in the event a foreclosure is filed against me?

  • Violations by the bank trying to foreclose of Federal and Florida statutes
  • Not Able to produce Original Loan Documents
  • Not able to show proper Chain of Title
  • Improper Accounting of Mortgage Payments
  • Not abiding by court mandated mediation process
  • Filing of Documentation through course of litigation that may contain false or inaccurate information (i.e. “Robo-signer affidavit”)
  • Unfair practices by the bank or individual foreclosing on the property, as well as
  • Procedural issues that may arise during the course of litigation.