Foreclosure & Loan Modification

In Florida, all mortgage companies must file a formal lawsuit against a borrower to foreclose on a property for unpaid mortgage debt, property taxes, or for failing to maintain insurance if required. However, before this occurs, there is opportunity to reach an agreement to manage the relationship between the lender and the borrower and hopefully avoid a foreclosure.

If your property is part of a homeowner’s association or a condominium association, the association has the power to record a Claim of Lien against your property for various reasons. This is serious and must be handled immediately. The association also has the power to foreclose the unsatisfied Claim of Lien, which may result in the loss of title to your property.

We can help lenders, owners and borrowers to effectively manage these issues. Our law firm can represent individuals in the following matters:

Foreclosure defense
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 resulted in thousands of foreclosed properties. This caused the mortgage companies 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.

Mortgage Loan Modification and Short Sales

People facing difficulties in making a mortgage payment may qualify for a mortgage loan modification, where their mortgage payments may be reduced to allow for a more affordable payment.

A mortgage modification allows for the terms of a loan to be modified. It can result in the reduction of an interest rate, a conversion from a variable to a fixed rate, the extension of the term of the loan, and/or a reduction in the principal balance. A person who has encountered a financial hardship may be reviewed for a loan modification. We can help individuals by reviewing their finances to see if they qualify for loan modification help. If you would like to find out more about a loan modification, call our office for a free initial consultation.

If the loan modification is not approved by your mortgage company or the offer is not suitable, then you have the option of pursuing a regular sale or a short sale.

When owners enter into a contract to sell their home for less than the amount owed on the mortgage, a short sale can be concluded if the mortgage company approves. Legal representation for the short sale negotiation is necessary in most situations. When a short sale is completed, the balance of the mortgage debt is forgiven in most cases. At times, however, the borrower may still be responsible for a deficiency balance. This is why it is advisable to contract the services of an attorney if you are considering a short sale.

It is important to note that an application for a loan modification or short sale does not necessarily stop the mortgage company from moving forward with the mortgage foreclosure. If the borrower has stopped making mortgage payments, the best way to stop foreclosure is by reaching a settlement. However, if you have received a summons and complaint for foreclosure, we can provide representation. This representation is through either a formal mandatory mediation or an informal conciliation to try to achieve a settlement via a loan modification or any other type of foreclosure-prevention alternative. A loan modification and short sale can also be achieved before or after filing for bankruptcy. For more information or for a free initial consultation, please contact our office.