Miami Foreclosure Defense Lawyer

Your Miami Foreclosure Defense Lawyer

We have spent years defending the rights of homeowners in south Florida.  As your Miami foreclosure defense attorney, we have the knowledge and experience to guide you through  a very difficult time and come out stronger.  We have a focus on providing unique strategies for dealing with distressed properties and distressed investment environments.  As your Miami foreclosure defense lawyer we can go to court, and fight to slow down the foreclosure process and stop it.  

There are many possible alternatives to foreclosure that we can help you explore.  The faster you reach out and retain us, the more likely you are to save your home and your credit rating.  A Miami foreclosure defense lawyer can go over all your options and strategies open to you.  

We are a dedicated team of professionals that can offer you excellent legal care and a helping hand when you need it most.  


Laws That Hurt Homeowners

The goals of most laws in Florida is to accelerate the foreclosure process.  Speeding up the process can be detrimental to a distressed homeowner.  

This means that homeowners have less time to be considered for loan modification as well as structure a payment plan.  An expedited process also means that a homeowner has less time to consider alternatives such as a short sale in lieu of a foreclosure.  It’s also offers less time to prepare a transition out of the property and find an alternative living space.  

Foreclosure judgments are final.  When a a foreclosed property is transferred to a new owner, the former owner cannot regain ownership of the property.  However, the former owner can pursue damages against the lender if the lender did not meet certain conditions during the foreclosure process.  House Bill 87, also known as the Florida Fair Foreclosure Act made substantial changes to Florida foreclosure laws that help to speed up the foreclosure process.  

Laws That Help Homeowners

The holder the promissory note is the only entity that has the right to foreclose on a distressed property.  Within House Bill 87, there were several consumer protections including the stipulation that the the plaintiff is in possession of the original promissory note.  In addition, the deficiency judgment statute of limitations has been reduced.  The deficiency is the difference between the sale price and the total debt.  In some instances, a lender can file a lawsuit to recover the deficiency.  However, House Bill 87 reduces the amount of time that a lender has to pursue a deficiency judgment.  Your Miami foreclosure defense lawyer will get you up to speed on all the new laws and how they apply to your case.  

Financial Help for Distressed Property Owners in Florida

Dealing with the foreclosure of a property can be a difficult experience.  If you are involved in a personal injury lawsuit, you can apply for a lawsuit loan from American Pride Legal Funding.  Lawsuit loans can be helpful when you need extra money to pay your expenses and have few options for immediate money. 

Possible Foreclosure Defenses

The Truth in Lending Act (TILA) is a statue that serves as a consumer protection enacted by Congress to let borrows police lenders who do not fully disclose interest and finance charges related to a mortgage.  Under TILA, borrowers have the right to see actual and statutory damages. 

The Real Estate Settlement Procedures Act (RESPA) is another statue that can protect consumers and stop lenders from charging illegal fees that make mortgages more expensive.  The Home Owners Equity Protection Act (HOEPA) may be used as a defense to a foreclosure.  A Miami foreclosure defense attorney can review your loan documents to acertain if your lender charged excessive fees.  

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