Foreclosure Defense

young couple stressing foreclosureIn Florida, all mortgage companies must file a formal lawsuit against a borrower to foreclose on a property for unpaid mortgage debt.

If you are facing mortgage foreclosure you have many options. These should be discussed as soon as you believe you will have difficulty making a mortgage payment. Foreclosure is a legal process that begins when the bank serves you with a summons and a complaint. You can take action even before the formal process begins in order to plan for the best possible outcome. Once you have been served with a foreclosure complaint, you only have 20 days to respond to adequately protect yourself in the legal defense of the case. We can provide legal assistance to anyone served with a foreclosure action to ensure that legal defenses are properly asserted. We can also provide guidance throughout the process. This includes representation at mediation to stop the foreclosure action upon successful settlement, typically through a loan workout alternative (such as loan modification, short sale, or deed in lieu). Contact us for a free initial consultation.

The legal defense of a foreclosure suit allows borrowers to make sure that their lender has complied with all laws, and compels the mortgage company (or plaintiff) to prove that it is entitled to foreclose and take away a person’s property rights. The economic downturn and bursting of the real estate “bubble” resulted in thousands of foreclosed properties. This caused the banks and their agents to justify their foreclosure rights through the preparation of shoddy legal documents. Borrowers are often confused as to which company actually handles their mortgage, since the servicer of their loan can change. In fact, it is common for the original lender, with whom the borrower dealt at closing, to change several times over the life of the loan, and even to differ at the foreclosure stage. Foreclosure defense assistance provided by our firm will enable the borrower to verify the plaintiff’s rights to foreclose, the accuracy of legal documents, and many other important factors. Anyone may meet with an attorney via the free initial consultation we offer.

Foreclosure counseling usually involves two processes: the legal foreclosure defense (litigation) and the process of working with your mortgage company toward a foreclosure-prevention alternative (loss mitigation). There are different options for a borrower facing foreclosure. Depending on your specific financial situation, the status of the outstanding liens on your property, and the property value, you will have to decide whether to keep your property or to dispose of (sell) it. Choosing to simply "walk away" is not recommended, because foreclosure can have a negative impact on your credit history and may result in a deficiency judgment. It is important to understand not only your legal rights and options, but also the consequences of any given option. Rokusek Law offers a free initial consultation with an attorney to discuss your legal rights. Please contact us to schedule your consultation.