Foreclosure Defense

Your lender will be represented by an attorney. Shouldn’t you?

If you have been served with a lawsuit, you only have twenty (20) days to respond to the lender’s complaint in Florida. Responding within 20 days is important and your response or answer needs to comply with Florida’s rules. If you fail to respond within 20 days, your lender may obtain a default judgment and your chances of defending the action are greatly reduced.

Now that your lender has filed a lawsuit against you for defaulting on your loan, you have important decisions to make in preparing the best defense and/or evaluating ways to minimize your exposure. Our attorneys can help you identify foreclosure scams or predatory lending practices that may help you keep your home. You may even be able to negotiate or “work out” a refinancing or modification of your loan to lower your monthly payments to an affordable amount – often called a mortgage modification agreement. Or, you may be able to sell your home at a reduced price with the agreement of your lender – often called a short sale. Negotiating these issues effectively can be made easier with the assistance of an experienced attorney. Or, you may be able to give your lender title to the property to halt any further fees and costs against you because of the lender’s efforts to foreclose – often referred to as a deed in lieu of foreclosure.

After you have responded to the lawsuit, a hearing will be set and hiring an attorney will make sure your interests are represented. Your attorney can also work to make sure you have time to negotiate with your lender and that you are given an opportunity to actually speak with a representative of your lender (a representative with authority to settle your case) by requesting mediation. The courts in Florida have the power to order lenders to participate in mediation and give you an opportunity to settle the foreclosure lawsuit.