Important information about your rights as a homeowner
Many people only recently came to realize that you can successfully fight foreclosure. They felt that they danced the dance, and now they have to pay the piper.
These people are being far too naive, and some of them are giving up important legal rights without understanding that they even have them.
Most homeowners can’t see beneath the surface of their situation, and as a result, to the extent that they react to a foreclosure without competent legal representation, they end up shooting themselves in the foot nearly every time! We fight Florida foreclosure cases. You should know your rights before you even think about giving up, capitulating, or start to fall into the depths of despair.
The Bank should worry, not you, because…
YOU ARE NOT DEFENSELESS!
So, DO NOT MOVE OUT OF YOUR HOME unless and until you’ve been advised by a competent attorney, who is experienced in the defense of foreclosure cases.
DON’T invade your savings or retirement funds to pay the mortgage. And don’t live off your credit cards. Get advice! Understand your options first! There is no charge for an initial consultation.
If you’ve been offered a mortgage modification, don’t be naive enough to trust the lender. You should have it reviewed by a competent attorney before you sign it.
Mortgage foreclosure defense is all about the law of real property, and litigation. We are real estate lawyers, and we are litigators. Some lawyers hate (or fear) going to Court. We love it! We enjoy vigorously defending the rights of the “little guy” against big corporations, and, remember always:
IT’S IN COURT THAT THE TABLES ARE TURNED!
If vigorously defended, foreclosures in Florida can take many months, or even years, so you should be prepared for that. Remember, however, this is YOUR HOME, and you have the right to stay there as long as you want, whether you are paying the mortgage or not, up until the time the bank is able (if ever) to successfully complete a foreclosure and procure a Writ of Possession.
While defending merely to seek further delay is clearly unethical for any attorney, it is not improper to hold the lender to their burden of proof, nor to assert every single defense to which you are entitled. If enforcing a borrower’s rights ends up buying time for the owner to negotiate a favorable loan modification, that is not a bad thing. But buying time is not what it’s about. Our goal is to win!
It is important to clearly understand your rights, whether you are in foreclosure, or planning to engage in a strategy to try to “avoid” foreclosure, such as short sale, deed in lieu, cash for keys, mortgage modification, or some other tactic. The banks are notoriously difficult to deal with, and it is often nearly impossible to get them to clearly waive, in writing, any right to take a deficiency judgment against you. You should have an attorney involved to review all paperwork to make sure that you do not end up owing money to the bank when all is said and done.
There are many possible defenses to a foreclosure. Only a qualified foreclosure defense attorney, such as Pat or Tom at Anderson & Brodersen, P.A. can tell you if you have a defense to a mortgage foreclosure, and has the skill to most successfully defend your interests in court.
Reach out to us today to request a FREE Consultation with one of Florida’s outstanding foreclosure defense law firms…
Anderson & Brodersen, P.A.
We will devote, without charge, ninety minutes to two hours of our time to explaining to you in detail the “big picture” of the foreclosure crisis (and scandal), how this background affects you and your family, and what can be done about it. We will answer all of your questions, and we will help you quit worrying, so you can sleep at night again. We understand how much being in this situation affects your life, and we’re here to help you.
The decisions are all yours, but you owe it to yourself and the ones you love to understand your rights and options before you make these life-changing decisions.