Category Archives: Foreclosure Defense
Florida Foreclosure, Part Three: After Foreclosure
You have been through the pre-foreclosure and foreclosure process. At this point you likely want to wash your hands of the entire event and move on with your next chapter. However, even after the foreclosure sale is held, there are still a few key items – such as deficiency judgements and redemption periods –… Read More »
Florida Foreclosure, Part Two: Florida’s Foreclosure Process
In this installment of our three-part foreclosure series, we will have a high-level discussion of what to expect once you have reached the stage of foreclosure in Florida. Each state has its own unique processes and timelines, and knowing what to expect from the Florida court system as you move forward in your foreclosure… Read More »
Florida Foreclosures, Part One: History, Communications To Expect, And Pre- Foreclosure
New data reports that Florida is experiencing a dramatic rise in foreclosures and foreclosure-related moves. According to the information available via one U.S. federal government population survey (census), Florida itself saw a 187% increase in eviction and foreclosure rates between 2021 and 2022, trailing only the state of California with its 411% increase. What… Read More »
Court Procedures That Can Delay Foreclosure Hearings
If you believe your home or property is being subjected to wrongful foreclosure, you are going to want to engage with an experienced foreclosure litigation attorney to help process your case in court. In Florida, those fighting a residential foreclosure may want to learn about some of the strategies that might be used to… Read More »
Do I Really Need A Lawyer To Defend Against A Foreclosure?
When something is broken in your house, such as the plumbing, you might try and fix the problem yourself to save a little money. Oftentimes, however, that just makes things worse and you still end up having to call in an expert. The same thing holds true if you are facing foreclosure against your… Read More »
The Risks Of Defending Yourself In A Mortgage Foreclosure Lawsuit
If you are facing a possible mortgage foreclosure, there are a number of legal options available to you if you want to try and keep your home. The important thing is that you seek out qualified legal advice from a reputable Brandenton mortgage foreclosure defense lawyer. What you should not do is attempt to… Read More »
Does The Bank Have To Pay My Legal Fees If I Beat Their Foreclosure Attempt?
It is not uncommon for a consumer contract to contain a “unilateral attorney’s fee provision.” Basically, this means that the other party has the right to demand you pay their legal fees if they are later forced to sue you for failure to meet your contractual obligations. To help level the playing field, however,… Read More »
Can A Mortgage Foreclosure Sale Be Unwound After It Is Final?
If the mortgage lender forecloses on your home and auctions off the property, your options for “unwinding” the sale are quite limited under Florida law. Section 702.036 of the Florida Statutes–known as the Finality of Mortgage Foreclosure statute–protected bona fide third party purchasers from challenges to their title to the foreclosed property. Outside of… Read More »
Can I Redeem My House After The Foreclosure?
Many people who lose their homes to foreclosure wonder if there is any way to redeem the house. The short answer is, “No, you cannot redeem your house after the foreclosure is complete.” However, if the foreclosure is not final yet, you may get your house back. If you want to redeem your home… Read More »
Can My Mortgage Lender Refile a Dismissed Foreclosure Case in Florida?
If your foreclosure case was dismissed by the court, you might wonder whether your mortgage lender can refile the case after the dismissal. Whether or not your lender can restart a dismissed foreclosure case depends on several factors. It is advised to consult with a skilled foreclosure defense lawyer in Bradenton to help you… Read More »