Foreclosure defense cases have risen dramatically in the past few years due to economic insecurity, the inability for people to find long-term employment and mortgages that were sold to investors (often referred to as mortgage “servicers”) without banks notifying the mortgage holders.
In Florida, a judge must oversee the foreclosure process. It is up to the lenders or servicers to provide definite proof that they have the legal right to foreclose on someone’s home. Lenders are required to provide documentation to support their right to foreclose. For loans that were sold, the purchasing entity must produce evidence of title transfers that were correctly completed and signed by the proper authorities.
An experienced foreclosure defense attorney, can evaluate the client’s best interests, develop a plan to protect the client’s assets, conciliate liabilities and potentially execute a recovery course of action that may prevent foreclosure proceedings.
A Snapshot of the Florida Foreclosure Process
Litigation begins with your servicer files a “Lis Pendens” against you. Following this filing, you have 20 days to respond to the action. Depending on the type of response it receives, the court will set a preliminary hearing date where you and your servicer representatives can hopefully come to an agreement to end further litigation. If the issue is not resolved, the court will set another hearing within 45 days. After 45 days, the court then sets a foreclosure sale date.
During this time, Mansfield Bronstein’s experienced foreclosure defense attorneys will expertly utilize the system and defend your right to legally keep your home. Making the quick, informed decision to preserve your rights as a homeowner by hiring one of our attorneys to defend you in foreclosure proceedings can expedite the satisfaction of experiencing closure, relief and security in knowing your home is safe from foreclosure.