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Importance of Foreclosure Defense Amid Florida’s Homeowners Insurance Crisis


Farmers Insurance recently decided to discontinue new coverage in Florida. This sent shockwaves through the state of its own accord, and now the insurance company “Progressive” has announced that they plan to “non-renew” approximately half of its home insurance policies in December. This is an estimated 100,000 policies.

These major departures of prominent insurance companies is thought to largely sit with the risk that these companies take on by insuring properties in Florida – an area that is prone to experiencing devastating damage from hurricanes. While from a business risk-management perspective this might make sense, it is certainly taking a toll on the Florida housing market and could have huge ramifications on homeowners. The potential drop in property value, anticipated rise in insurance costs, and increased financial strain on homeowners indicates that a stark rise in foreclosures may be on the horizon.

All of this means it is more important than ever before to understand what is available to homeowners as far as foreclosure defense.

Foreclosure and the Importance of Foreclosure Defense

The withdrawal of major insurers will result in increased coverage costs from the providers who do stay in the area. As the insurance becomes more expensive to acquire, some individuals will be priced out of the housing market and others will become more hesitant to buy. This lull in the market could logically lead to decreased property values and likely longer sale times. This would certainly lead to an increase in forced sales and mortgage defaults which, again, serve to lower property prices even further.

If you are in the midst of foreclosure proceedings, or foresee yourself heading down that path in the future, it is imperative that you understand your rights and what you can do to protect your interests in the midst of foreclosure proceedings, or before foreclosure proceedings even get started.

Common Foreclosure Defenses

Florida offers a number of foreclosure defenses to Florida homeowners. Understanding what defenses may apply to you in your specific situation is vital to you ultimately coming to your case’s best possible outcome. Discussing your situation with expert attorneys is the best way to receive sound, tailored advice. Two of the most commonly used Florida foreclosure defenses include:

  • Unclean Hands — this doctrine means that the law does not/should not reward a player’s bad behavior. This means that a court may refuse to grant the legal requests of a party that has used unsavory tactics to achieve their ends, such as unscrupulous practices, concealment, or trickery.
  • Procedural defects — A mortgage lender is required to complete a series of specific steps in order to foreclose on a residential loan. These steps include issuing notices of default and giving the mortgage holder a period of time that they can work to bring the loan back into good standing.The mortgage lender is legally required to execute every step in the foreclosure process properly. A mortgage holder can present to the court, as a defense to foreclosure, failures of the lender to procedurally execute all of the required steps they are held to.

Contact Suncoast Civil Law

No one deserves to have their home and stability unfairly wrested from them. If you are facing a foreclosure action, engage with the trusted Sarasota foreclosure defense lawyers at Suncoast Civil Law. Our expert legal team will help you ensure that you receive the representation you deserve and your interests receive the greatest protection made possible under the law. Contact our office today to begin discussing your case.