Foreclosure Defense Lawyers in St. Petersburg
Protecting Your Home from Foreclosure
Boss Law has successfully represented hundreds of homeowners who were facing
foreclosure. The goal of our St. Petersburg foreclosure attorneys is to
help each client find a way to save their home. We have helped numerous
clients avoid foreclosure completely and helped others avoid judgments
after a foreclosure. In addition, we can even delay a foreclosure, allowing
you additional time to either sell or vacate your home. Boss Law is here
to help, so don't wait to give us a call at
Your home isn’t just a financial investment – it is an emotional
investment and something you cherish. Trust our debt relief attorneys
to protect it just like you would.
About Foreclosure in the State of Florida
Foreclosure begins after a borrower defaults on his or her mortgage terms.
Most mortgage lenders will begin the foreclosure process 90 to 120 days
after the last mortgage payment was made. While mortgage lenders may try
to work with you, ultimately, the foreclosure process will begin. At this
point, the first step is to contact a qualified foreclosure defense attorney
for advice. Upon service of a foreclosure complaint, you have 20 days
to respond to the foreclosure and provide a defense.
What Happens if I Don’t Respond to the Foreclosure?
If you fail to respond to the foreclosure complaint within 20 days, the
court may enter a default against you in favor of the mortgage company.
The foreclosure action will continue and will result in the court ordering
the sale of your home to satisfy the outstanding debt.
What Happens if I Respond to the Foreclosure?
If all parties answer the complaint, the court will set a hearing. After
the hearing, a final judgment is entered by the court. The judge may rule
in favor of the lender. If that happens, the judge can order the sale
of your home within 30-45 days.
Foreclosure Sales: What Happens Next
At a foreclosure sale, the property will be up for sale to the highest
bidder. The bidder will then receive title to the property 10 days after
the sale. If someone is living in the property at the time, they may be
evictedor removed from the property subject to a writ of posession. During
the 10 day period following the foreclosure sale, the defendant can contest
the sale, but only if he or she can prove that there were irregularities
in the auction process, which resulted in the property being sold far
below its value. The foreclosure process can be complicated and heart-wrenching.
Your Options If You Are Facing Foreclosure
When you face foreclosure, you may have options that include:
Deed in lieu of foreclosure: This process involves transferring the title of your property to your
lender, and relieves you from your mortgage debt.
Loan modification: You may be able to negotiate more favorable terms to reduce your monthly
payments. This can also include extending the duration of the loan, negotiating
a lower interest rate, or negotiating an overall lower principal balance.
Short sale: With a short sale, you sell your property for less than what you still
owe on your mortgage. The remaining amount is sometimes forgiven by lenders,
although this may not be the case in every situation.
An attorney can evaluate the unique facts and circumstances of your case
to help you determine the next course of action.
How to Defend Against Foreclosure
You may also be able to raise a legal defense against your lender’s
foreclosure action. Some of the possible defenses include:
Lack of standing – In order to file a lawsuit against you, your lender must be able
to prove they hold the promissory note and mortgage. This can often be
difficult to do, since mortgages often change hands through sale and transfer.
You can attempt to raise doubts about your creditor’s standing.
Improper accounting of mortgage payments – You may be able to demonstrate that your lender violated your
mortgage's rules in some manner. This could include a failure to correctly
charge costs, or even improperly crediting payments.
Violation of the FCCPA – Under the Florida Consumer Collection Practices Act, lenders are
required to provide written notice to the borrower within 30 days of a
mortgage transfer. If you did not receive this notice, you may be able
to gain a favorable ruling.
Unclean hands – This defense depends on being able to prove that your lender engaged
in some fraudulent or illegal transaction, or any oppressive conduct towards you.
Failure to provide adequate notice of default – According to most mortgage contracts, a lender must notify a borrower
that their loan is in default, including the action that must be taken
to cure the default, 30 days prior to initiating a foreclosure lawsuit.
Our debt relief attorneys have experience representing numerous homeowners
in need throughout the Tampa Metro Area and the state of Florida. Let
us help you explore your available avenues to better financial health.
Our St. Petersburg foreclosure defense lawyers are here to help you fight
to keep your home. Call Boss Law at
(727) 877-3188 to get started with a free consultation.