If you are a homeowner facing a Florida foreclosure, you could potentially be losing thousands or hundreds of thousands of dollars spent in investment and home improvement, and equity. Before the process goes too far, you will need to decide if it’s worth fighting the foreclosure or if it’s better to accept your losses so you can move forward. This decision is not one you should make without the benefit of professional advice. In this situation, you may want to know: Do you need a Florida real estate attorney for a real estate foreclosure?
If you are facing a foreclosure or any other legal action concerning your property, it’s in your best interest to consult with a Florida real estate attorney. Your counsel can help you evaluate your circumstances and determine your next steps. Your attorney may ask you to go over issues such as:
Your Goals: You may have decided that you would prefer to walk away from the property and start over. However, there may be available options that will allow you to remain in your home and work out a new payment plan with your lender. If you want to keep the property you worked so hard to acquire, you and your counsel can determine what choices you have that will help you meet that goal. If you would prefer to let the property go, your attorney can help you figure out the best way to achieve that result.
Your Defenses: A foreclosing party is required to follow the law before taking action. In Florida, a foreclosure action is judicial, meaning that the lender will have to file a lawsuit against the borrower and get a judgment from a court to foreclose. When the borrower is served with a lawsuit, they will have a certain number of days to respond. As soon as you are served, you should consult with a real estate attorney to determine if you have any defenses to the foreclosure. These defenses need to be raised in your response and may include claims such as: unfair lending practices; the lender failed to follow the proper procedures; the action is outside of Florida’s statute of limitations; the foreclosing party can’t prove ownership of your loan; the loan was fraudulent, or that your payment was improperly refused.
Military Service: If the foreclosure proceeding was initiated while you are on active duty in the military, the Servicemembers Civil Relief Act (SCRA) provides an automatic one-year postponement. Your counsel can determine the applicability of the Act to the facts of your case.
Properly identifying and asserting foreclosure legal defenses is complex and should be done with the advice, skill, and expertise of an experienced Florida real estate attorney. When your counsel is able to assert a defense successfully, the foreclosure may be put on hold while the issue is examined.
Florida foreclosure can be complicated and there may be other options. A Florida real estate attorney can help you assess the particular details of your situation, assist you in working with your lender, and in identifying possible alternatives.
Contact the Board-Certified Florida Real Estate Attorneys of Rabideau Klein
At Rabideau Klein, Guy Rabideau, Esq. and David E. Klein, Esq. are dedicated, Florida Board-Certified Real Estate Attorneys with the expertise and experience you need to ensure that your interests are protected during foreclosure and that you understand all of your options. Contact Rabideau Klein today to discuss your Florida real estate legal needs.