Just Got Served?
It is best to take decisive action after getting served with foreclosure papers. Especially if you want the best chance to save your home, your credit and your financial stability.
When you receive notice of a foreclosure filing, it’s critical to act quickly. You have just 20 days in which to respond to that filing before you are at risk of default judgment – meaning you automatically waive all your defenses.
The most important thing you must do at this point is consult with an experienced Miami foreclosure defense attorney – immediately.
Key for you is choosing a lawyer with extensive knowledge and experience in Florida foreclosure law, which has rapidly evolved over the last several years.Foreclosure Defense Help – Finding Experienced Legal Counsel
The choice can be complicated when you soon find your mailbox overflowing with hundreds of offers and solicitations. These overtures feature slick designs, catchy phrases and pie-in-the-sky promises.
But here’s the reality: Many of these offers are extended by non-lawyers and inexperienced lawyers who don’t really defend your lawsuit. They are looking for people who are desperate. It’s despicable, but it happens far too often. Any advertisement guaranteeing a certain outcome should be viewed with heightened skepticism. No legitimate attorney can make that kind of assurance – especially without carefully weighing the factors of your case.
You will also likely contacted by realtors and investors who may offer to “help” you sell your property or with offers to purchase it. However, recognize any licensed, above-board realtor is going to insist you hire an attorney from the start. Don’t let anyone con you into thinking you don’t need a lawyer during this process. Any realtor will tell you to sell your home. It’s the only way they get paid. But they may not know or care about how best to protect your interests.
Solutions for distressed homeowners or investors are seldom simple or easy, and highly unlikely to arrive in the mailbox.Foreclosure Defense Lawyers With Experience
Attorney Bruce Jacobs spent many years representing banks in foreclosure actions in Miami and throughout Florida. Today, he is a leading foreclosure defense voice in South Florida and the firm’s defense attorneys regularly lead or attend up-to-date training on innovative legal strategies to help our clients make the best decisions to handle distressed properties.
We are dedicated to providing clients with prompt, individualized attention and guidance. Your trust in us is paramount, and we take the responsibility you have given us very seriously. As a locally-based foreclosure defense firm, we routinely practice before the judges who will hear your case. Having a lawyer well-versed in foreclosure law and procedure as well as local practices and personalities gives you a leg up on the process.Fighting Foreclosure from the Start
If you have just been served with notice of foreclosure, it means you have fallen behind on your mortgage payments. Typically, most loans allow a grace period of 10 to 15 days within which payments can be late without penalty. Payments made after that date will usually incur a penalty.
However, if you miss a few payments entirely, this is when trouble begins. You will likely first receive a notice from lender reminding you of the loan obligation. This will probably come in the form of both mail notices and calls.
Do not ignore these attempts. An attorney can help you negotiate a workable solution while you are still in relatively good standing. These might include a payment plan, forbearance and possibly a loan modification to help you avoid foreclosure.
Per the newest federal Consumer Financial Protection Bureau servicing laws effective January 2014, a mortgage servicer must wait until a borrower is at least 120 days delinquent before initiating a foreclosure filing in state court. You might continue to receive notices in the interim, but a foreclosure will not be initiated until that 120-day mark.
In Florida, foreclosures are judicial, which means the lender must go through state court in order to secure one. (In some states, a lender can foreclose on a property without taking the case to court.)
Once a Florida foreclosure has been filed – and you have been served with notice – you only have 20 days in which to file a respond. You must take immediate action, or else risk a default judgment in the bank’s favor.
Such a finding would leave you vulnerable to eviction, deficiency judgment and possibly even bankruptcy.
If you act quickly with the help of a veteran attorney, you will likely find a satisfying solution.
Negotiate From Strength and let Jacobs Keeley help you achieve that position. Call our Miami Foreclosure Defense Lawyers today at (305) 358-7991.