Have you just been served foreclosure papers in Florida?
If you have just been served foreclosure papers in Florida or you know that you will be served foreclosure papers in a lawsuit filed by the bank, I recommend hiring an attorney as soon as possible. You shouldn’t hire attorney that handles these types of cases rarely, is unsure of what the process entails, or that doesn’t know what your options – you need to hire an attorney that knows what defenses are available in a foreclosure lawsuit and defends borrowers day in and day out.
When meeting with an attorney, ask about their approach to your case. Ask how many cases they’ve had go to judgment or if they can tell you how many cases they have had where they saved a family’s home or helped them with a short sale. If they want large retainers but cannot tell you what they will do in your case, get a second opinion! I offer affordable legal representation that lets me help the maximum number of people.
If you are interested in learning more about my rates, how I will try to help you achieve your goals, and what I will do to try to get you there, please do not hesitate to call my office at 813.502.6768 to set up a free consultation or e-mail me!
Let’s be honest. This is either your family home or a property that you invested your hard-earned money in. The last thing you wanted was to be served foreclosure papers and be stuck in a lawsuit. There is good news. There are many strong attorney’s that actively defend foreclosure lawsuits in this state. Don’t be swayed by an attorney that guarantees results or says he has a “special line” to the bank. These are ploys aimed directly at your fear of this lawsuit. It is important that you hire an attorney that is honest about what it means to be in a foreclosure lawsuit and is honest about your options, especially concerning a loan modification or short sale.
If you have just been served in a foreclosure case in Florida, the odds are pretty high that there are attorneys and other debt relief providers are flooding your mailbox with advertisements. They will come from realtors, mortgage brokers, and other “short-sale specialists” that want to get you involved in a short sale or loan modification but will not defend the lawsuit. If this happens, the bank gets a clear shot at getting a final judgment and your home. This can be done in as few as sixty days. Homeowner’s also get mail from attorney’s recommending bankruptcy where the home is the only debt. The borrower may want to avoid that drastic hit to their credit if they can.
You need an experienced foreclosure attorney!
This should go without saying. Mortgage lending is very complex. It is governed by both state and federal law. It can include a huge interest in equity (i.e., fairness) for borrowers throughout the state of Florida. This isn’t one-sided though – fairness won’t stop a bank from getting your home. An experienced attorney knows how to react to the numerous documents and allegations that you are facing from the bank. An attorney must pay special attention to everything existing in the served foreclosure papers. The attorney you hire should have experience defending cases in the county where the law suit is based. While the defenses to your cases are important, being familiar with the judge on your case or the can be the difference between a good argument and a winning one.
An experienced attorney knows the burden that they are carrying. He or she is responsible for aggressively defending your case and pursuing loss mitigation efforts on your behalf. They should know that the proper defense is not always going to trial. It may be a well-timed mediation or a consent judgment negotiation. It is their responsibility to make you aware of any and all settlement offers by the bank and advise you on the strengths and weakness of that offer.
Not so fast!
I want to take a moment to make it clear. A foreclosure defense attorney may not get you a free home. I offer a free consultation to go over the best options that work for most clients. While most realtors will tell you that in order to work out the best possible outcome in your case that it is important to hire a defense attorney to negotiate the short sale, some realtors will say you don’t need an attorney. I CAN’T RECOMMEND AGAINST THIS ENOUGH.
If you would truly like to explore your options after being served foreclosure papers, please contact my office to set up a meeting with me. To be clear, I work with realtors throughout the state, but I explain that if a short sale is not in the best interests of our clients, there will be no short sale. There is no question where my loyalty and professional responsibilities lies…it’s with my clients.
IF a you have just been served in a foreclosure case, please call my office at (813) 502-6768. We can help you. Alternatively, you can e-mail me too.
Latest posts by Bryant H. Dunivan Jr., Esq. (see all)
- Equifax and Capital One Data Breaches Impact on Homeowners - August 22, 2019
- Florida has the Highest Concentration of Debt Collection Complaints - June 6, 2019
- Stay in My Home, PA/Stopa Law Firm Bankruptcy - November 5, 2018