Miami Foreclosure Defense Attorney
Helping You Stay in Your Home
When facing foreclosure, it is important to know your rights. It is also important to be educated on the process and the options that exist. The law firm of Wesoloski Carlson, P.A. has the right foreclosure defense lawyer to help you through the process.
The bank has a lawyer - shouldn't you? Reach out to an experienced foreclosure attorney today when you call (800) 449-4850.
Understanding Foreclosure in Florida
Foreclosure is the legal process by which a mortgage lender attempts to receive payment for a loan. They may do so by claiming title to and auctioning a property that is the collateral to the loan. In many states, the foreclosure process must involve a lawsuit, also known as judicial foreclosure. In other states, the foreclosure process can be completed outside of the courtroom.
The state of Florida requires lenders to file a lawsuit for foreclosure. In this case, a borrower will be named as a defendant to the lawsuit.
As a defendant, the borrower has certain constitutional rights of due process, such as the right to:
- Get a notice of the foreclosure, through being personally served with the lawsuit papers
- Present a defense to the allegations made in the lawsuit
Additionally, in a Florida foreclosure, defendant borrowers have the right to:
- Apply for loss mitigation opportunities
- File for bankruptcy
- Get current on mortgage payments or pay off the loan
Even before an official foreclosure, the servicer in question must provide information on how you can save your home through a preforeclosure notice, or "breach letter." The foreclosure cannot officially start until you are over 120 days past due, with few exceptions.
How to Stop or Avoid Foreclosure
There are several defenses you can take under state and federal law to stop the foreclosure process. Many of these defenses are found in the Fair Debt and Collection Practices Act.
One of these defenses is the right to an accounting of the total amount owed to the bank. Another legal foreclosure defense is verifying the identity of the bank that is suing the borrower for foreclosure.
In this world of Wall Street securitization, many home loans are sold and then resold onto many different banks. The selling of a mortgage loan from one bank to another is documented by an assignment of mortgage. The bank must properly account for the chain of title through these assignments of mortgage before the bank has standing to sue a borrower in a foreclosure lawsuit.
You may also stop foreclosure through loan modification. This allows you to renegotiate your mortgage with your lender to be more affordable. You can extend your payment terms, reduce the principal balance owed, and more.
Finally, filing for bankruptcy starts the automatic stay. This stay ceases virtually all collection attempts from creditors and lenders, including foreclosure. Chapter 13 bankruptcy is generally the best long-term foreclosure defense option, allowing you to propose a debt repayment plan.
Reach Out to Wesoloski Carlson Today
Foreclosure is a legal problem - one with solutions. An attorney with extensive experience and knowledge in foreclosure law can help you with all of your defense options. Founding attorney Erik Wesoloski can help you with all aspects of your foreclosure case.
Consult with our Miami foreclosure defense attorney for alternatives!