Foreclosure defense for Maimi Dade and Broward Counties.
PLEASE NOTE THAT A BANK MUST WIN THE FORECLOSURE CASE AGAINST YOU IN ORDER TO FORECLOSE ON YOUR PROPERTY. YOU CAN FIGHT THE FORECLOSURE TO STOP THIS FROM HAPPENING! THE BANK OR MORTGAGE COMPANY CANNOT TAKE YOUR HOME OR PROPERTY WITHOUT FIRST WINNING A FORECLOSURE CASE AGAINST YOU.
Just because a foreclosure case has been filed against you does not mean you have to lie down and not stand up for your rights. Many times the Bank suing you may not be the correct Bank suing you – leaving it open for another Bank to sue you later for the same debt.
You have options in the foreclosure process – DO SOMETHING ABOUT IT NOW.
2) DO NOT SEND A LETTER TO THE COURT – as it will be considered an answer and could help the Bank’s case against you easier for them
3) GET A LAWYER IMMEDIATELY THAT UNDERSTANDS THE FORECLOSURE DEFENSE AND SETTLEMENT PROCESS to answer the lis pendens / summons for you. [do not get a lawyer JUST to handle the defense and not settlement – make sure your foreclosure lawyer will handle both!!!]. Just defending a foreclosure and not attempting settlement can result will problems. And just attempting to settle a foreclosure case against you without defending the foreclosure action will result in problems.
5) Whether your goal is to keep the home/property or to relieve the financial problems associated with the foreclosure – in most cases you have options.
6) In most cases, the Court will most likely order mediation to resolve the foreclosure lawsuit.
7) Do not think that because you are sent modification applications or other paperwork from the Bank that this will stop the foreclosure lawsuit!!! This is a fatal mistake that will cost you your home or property. IF someone from the bank says that the loan modification papers will stop the foreclosure do not trust this! Get a foreclosure defense lawyer immediately! Contact Katz & Associates Law Firm to help you. We will give you a free consultation to go over your foreclosure defense options and possible exit strategies that exist.
In Florida, the definition of foreclosure is the legal process by which a lender uses the courts in obtaining forced sale of real property which was pledged as a security for a mortgage or debt because the borrower defaulted. This default is due to the failure in meeting the repayment terms that are contained in the loan agreement and promissory note.
When borrowers misses 3-5 payments in a row, that’s when the lender typically files for foreclosure actions. The main purposes why lenders file foreclosure are;
➢ To force the owner of the home to resume making payments for their mortgages
➢ To obtain judicial possession or sale of the property so as to sell the real estate and the proceeds be used in reducing the loan balance.
The banks are generally not in the selling and buying business of residential real estate and hence, the bank does not want your house. What the bank needs is somebody’s or your money to use it in reducing the outstanding loan balance that is non-performing and maybe upside down.
One important thing that a homeowner needs to understand is that a foreclosure action is a civil lawsuit. This means that in a civil court the party which brings the lawsuit becomes the plaintiff and the person being sued becomes the defendant. In the case of foreclosure, the plaintiff is the banker or the lender and the primary defendant is the homeowner. The plaintiff has the burden of proof which means that when defending a foreclosure case, the lender must prove every element of the case by preponderance of the evidence.
When proving each element of the case, the bank comes with the admissible evidence which proves that the homeowner executed the original mortgage and note and also proves that every time the mortgage ownership was transferred, there was legal compliance and also the note was properly recorded and assigned. The lender will also have to prove that the disclosures were made to the borrower/homeowner before the closure of the real estate where the documents of the loan were signed.
Katz & Associates Law Firm represents foreclosure law clients for residential homes and for commercial properties throughout the State of Florida including the cities of Miami, Miami Beach, Fort Lauderdale, Sunrise, Weston, Boca Raton, Boynton Beach, Carol City, Cooper City, Coral Gables, Coral Springs, Davie, Deerfield Beach, Delray Beach, Hialeah, Hollywood, Jupiter, Lake Worth, Miramar, Oakland Park, Palm Beach, Palm Beach Gardens, Palm Springs, Pompano Beach, Rivera Beach, Kendall, Doral, Miami Gardens, Pembroke Pines, North Miami, Hallandale, Plantation, Homestead, Orlando, Winter Park, Aventura, and all surrounding areas.