Foreclosure Defense
Florida Home Foreclosure Lawyer Working to Save Your Home
Have you been served with a foreclosure notice (a formal summons from a court)? If so, it is in your best interest to discuss your situation with an experienced attorney as soon as possible. Under Florida law, you have only 20 days to respond to a notice.
Naples-based attorney Celia Deifik has extensive experience defending Florida property owners against foreclosure. She has been board-certified in real property law for more than 20 years.
In foreclosure defense, timing is important. To discuss your legal options with a Naples foreclosure defense lawyer today, call 239-963-1791 or toll free 866-504-8981. Or you can contact our firm via e-mail.
What Is Foreclosure?
Foreclosure is when the bank takes action to take back your property. The bank does NOT own your property until it is the successful bidder at a foreclosure sale AFTER Final Judgment of Foreclosure. It is a mistake to assume the lender becomes the owner just because it filed a foreclosure lawsuit and a Lis Pendens. A Lis Pendens does NOT mean the lender passes into title; it merely tells the world that a lawsuit is pending.
When you are served with a foreclosure complaint, you have the right to fight against it and banks are required to take specific steps in a set order. In many cases, foreclosure defense is aided by banks that have failed to uphold their end of the bargain or maintain proper records and documentation.
In more recent years, mortgages have been packaged in complex financial instruments that are sold and resold to banks around the country. In such cases, a bank may not even have proof that it owns the rights to the mortgage and note (two separate instruments), making a mortgage foreclosure more difficult for the lender. Furthermore, some lenders have failed to comply with state and federal lending regulations, giving borrowers counterclaims against the lender.
A Short Sale Will Not Always Protect You
While short sales are becoming more common due to the recent crash of the real estate market, it is important to realize that, unless waived in the short sale agreement, the bank can still come after you for a personal judgment on the note, sometimes known as a "deficiency decree." This situation carries more risk if you have a high income or are in possession of significant nonexempt assets.
Beware of White Knights
It is important to be cautious when people show up offering to save or rescue you from your bad situation. There’s a good chance they are "equity skimmers" who will leave you far worse off than you would be if you simply let the bank foreclose on your property. By working with one of these "white knights," you could potentially lose your home and still be on the hook for the entire amount of the note and mortgage.
Contact a Bonita Springs Home Foreclosure Attorney
If it sounds too good to be true, it probably is. As they say in the Army: “If you are in a hole, stop digging!” Don’t sign anything without having it reviewed by an attorney. To find out if hiring an attorney is the best option for you, contact us today.
Learn about common myths of foreclosure.
