Fort Myers Foreclosure Attorneys

Assisting Clients With Foreclosure Matters in Florida

If you are facing a foreclosure action, you need to call an experienced real estate attorney as soon as possible. The service of the first legal papers associated with a foreclosure, the Complaint in Foreclosure, only gives you 20 days within which to file an answer to the complaint after you are served and preserve your rights and defenses. At Your Advocates, we have been specially trained in the local practice here in Lee County.

Facing Foreclosure and Don’t Know What to Do? Contact us today at (239) 970-6844 for a consultation. Our team will help you understand your options and guide you through the process.

What is Foreclosure?

Foreclosure is considered a legal process through which a lender seeks to recover the outstanding balance on a mortgage loan by taking ownership of and selling the property. This generally occurs when a homeowner fails to make mortgage payments, leading to a default on the loan. The process begins with the lender filing a foreclosure lawsuit, and if successful, it may lead to the forced sale of the property to satisfy the debt.

Navigating the complexities of foreclosure can be very overwhelming for homeowners facing financial difficulties. At Your Advocates, we understand the intricacies of Florida foreclosure laws and are dedicated to helping clients protect their rights and assets during these challenging times.

Common Defenses Against Foreclosure

If your lender begins foreclosure (or you are far enough behind on your mortgage payments that foreclosure may occur), a lawyer may be able to help; some common foreclosure defense solutions include:

• Loan modifications and loan refinancing, with the help of HAMP and HARP, have helped many people stay in their homes.
• If you don't want to keep your home, strategic default and deed in lieu of foreclosure have helped many homeowners terminate their obligations under an otherwise bad loan situation, and avoid having a foreclosure on their credit record.
• Lenders must follow strict guidelines when processing loan modifications or initiating foreclosure proceedings, and an attorney can ensure your lender isn’t violating your rights as a homeowner.

Understanding the Foreclosure Process in Florida

Foreclosure is a legal process that occurs when a homeowner fails to pay their mortgage. In Florida, the process can be lengthy and complex, but understanding the steps can help homeowners navigate it more effectively.

• Filing the Complaint
  The process begins when the lender files a complaint in foreclosure. This document outlines the homeowner’s default on the loan and requests the court to begin the foreclosure process.
  Homeowners are served with the complaint, and they have 20 days to respond. Failing to respond can lead to a default judgment.
• Foreclosure Lawsuit and Court Hearing
  If the homeowner responds, a court hearing is scheduled to review the case. The court will determine whether the foreclosure is justified based on the homeowner's payment history and the lender’s actions.
  In some cases, the homeowner and lender may attempt mediation to reach a settlement outside of court.
• Judgment of Foreclosure
  If the court rules in favor of the lender, a judgment of foreclosure is issued. This judgment allows the lender to proceed with the sale of the property.
• Auction of Property
  After the judgment, the property is sold at a public auction. The sale is typically conducted by the sheriff’s office.
  The home is sold to the highest bidder, and the proceeds are used to pay off the remaining mortgage debt.
• Post-Sale Process
  If the homeowner does not vacate the property voluntarily, a Writ of Possession is issued, allowing law enforcement to remove the homeowner from the property.

Options for Homeowners Facing Foreclosure

Homeowners facing foreclosure have several options to avoid losing their homes. These options may help homeowners stay in their property or reduce the financial impact.

• Loan Modification
  A loan modification involves changing the terms of the mortgage to make payments more affordable, such as reducing the interest rate or extending the repayment period.
• Short Sale
  In a short sale, the lender agrees to sell the home for less than the amount owed on the mortgage. This can be a viable option for homeowners who owe more than their home is worth.
• Deed in Lieu of Foreclosure
  This option allows homeowners to voluntarily transfer the title of the home to the lender, avoiding foreclosure. The lender may forgive any remaining debt after the transfer.
• Bankruptcy
  Filing for bankruptcy can delay foreclosure and may provide a way to discharge certain debts, offering the homeowner a fresh start.

How to Defend Against a Foreclosure Action

There are several defenses homeowners can use to challenge a foreclosure action. These defenses can delay or stop the process, giving homeowners more time to find a solution.

• Improper Service of the Complaint
  If the homeowner was not properly served with the foreclosure complaint, they may argue that the process is invalid and request dismissal.
• Lack of Standing by the Lender
  The homeowner may argue that the lender does not have the right to foreclose because they are not the rightful owner of the mortgage.
• Failure to Apply Payments Correctly
  Homeowners can challenge the foreclosure if the lender has failed to properly apply mortgage payments or has incorrect accounting records.
• Failure to Follow Legal Procedures
  Lenders must follow specific legal procedures when initiating a foreclosure. If they miss a step, the foreclosure may be invalid.

Understanding these steps, options, and defenses gives homeowners the tools they need to protect their property and seek alternatives to foreclosure. It’s important to consult with an experienced foreclosure attorney to explore these options and develop a strategy.

How We Can Help You

• Legal Expertise: We possess extensive knowledge of Florida foreclosure laws, allowing us to provide comprehensive legal guidance tailored to your unique situation. We stay abreast of the latest legal developments, ensuring that you receive up-to-date and effective representation.
• Thorough Evaluation: Every foreclosure case is unique, and at Your Advocates, we recognize the importance of conducting a thorough evaluation of your specific circumstances. We can meticulously review the details of your mortgage agreement, payment history, and any potential defenses to create a strong legal strategy tailored to your needs.
• Protecting Your Rights in Court: If litigation becomes necessary, we are prepared to represent you in court. We understand the nuances of foreclosure litigation and will vigorously advocate for your rights, challenging any improper actions taken by the lender.
• Compassionate Support: Facing foreclosure can be emotionally challenging, and at Your Advocates, we offer compassionate support throughout the process. We are committed to alleviating the stress associated with foreclosure, providing clear communication and guidance at every step.

Frequently Asked Questions (FAQ)

Can I stop a foreclosure once it's been filed?

• Yes, foreclosure can be stopped or delayed in various ways, including negotiating a loan modification, filing for bankruptcy, or challenging the foreclosure in court. Working with an experienced attorney can help explore these options and potentially halt the process.

How long does the foreclosure process take in Florida?

• The foreclosure process in Florida typically takes anywhere from several months to over a year, depending on the complexity of the case, the homeowner's response, and whether any legal challenges or defenses are raised.

What is the impact of foreclosure on my credit score?

• Foreclosure will have a significant negative impact on your credit score. It can cause your score to drop by 100 to 200 points, making it harder to qualify for loans or credit in the future. The effects can last for up to seven years.

Can I apply for a loan modification after foreclosure has started?

• Yes, you can still apply for a loan modification even after foreclosure proceedings have started. However, it’s essential to act quickly and contact your lender to discuss options before the process moves too far along.

What happens if I leave my home before foreclosure is finalized?

• If you leave the home before foreclosure is finalized, you may still be responsible for the remaining mortgage debt if the sale of the property doesn’t cover the full loan balance. This could lead to a deficiency judgment. It’s important to consult an attorney before making any decisions.

Can I sell my home while a foreclosure is pending?

• Yes, you can sell your home during foreclosure, but the sale proceeds must be enough to pay off the outstanding mortgage. A short sale may also be an option if your home is worth less than the mortgage.

Can I be evicted after a foreclosure?

• Yes, after a foreclosure is completed and the property is sold, the new owner can initiate the eviction process if you have not vacated the home. You will be given a set amount of time to leave, and if you don't, law enforcement may remove you from the property.

Contact Our Foreclosure Defense Attorney in Fort Myers Today

There have been many stories written about the local rules and practices that are being employed by the court to speed cases through the system and foreclose on defaulting debtors' homes. The nuances of the law and local procedures escape even some of the most experienced attorneys. As one of the top five states in the nation in foreclosure properties, our courts are inundated and overwhelmed by the volume of foreclosure cases they are being asked to handle.

This is why, if you do not have an experienced and savvy foreclosure defense lawyer, your chances of getting a fair trial or process in foreclosure are slim to none. If you are associated with an HOA or a COA and need to file a foreclosure action against a homeowner for failure to pay fees, we can initiate and prosecute an action for your association as well. We also defend against HOA and COA foreclosures for the non-payment of fees and dues. Additionally, we handle other real estate matters such as quiet title actions, real estate transactions, and ejectments. These areas of law require in-depth knowledge and experience to navigate effectively.

If you do not have a lawyer versed in the foreclosure game in Florida, you will be fighting with both arms tied behind your back.

Need Help with Foreclosure Defense? Contact us now at (239) 970-6844. We’ll work closely with you to explore all possible solutions and protect your rights.