Foreclosure Defense

Why You need A Lawyer if you are in Foreclosure:

Even if you Have Missed Many Payments We May Rightfully Delay Foreclosure (Often 2-5 Years) By The Exercise Of Your Legal Rights.

You May Stay In Home Until The Foreclosure Is Concluded.

You Should Know:

  • Defenses to foreclosure need not be apparent now, but may be uncovered during the discovery process (where we get to ask the Bank to produce documents showing they have the right to foreclose). This may also result in a settlement favorable to you, or may even prevent the foreclosure of your home.
  • The system does not allow the Court to help you unless you preserve and exercise your rights. The Judge may not act as your lawyer and defend you.
  • Negotiations with your Lender will not stop the foreclosure on your home.
  • Your Lender may, in bad faith entice you to believe you will get a forbearance or a modification, while it proceeds to get a foreclosure judgment. Then it may often be too late for you to protect your home.
  • Many people believe that the judge can delay the foreclosure or modify the mortgage because of your hardships or negotiations with the Lender. This is not so.

Do you Know How To Exercise Your Right To:

  • Initiate RESPA demands
  • Demand TILA compliance
  • File a Motion to Quash
  • Interpose Affirmative Defenses and Counter-Claims
  • Recognize grounds for a Motion to Dismiss
  • Propound Interrogatories
  • Demand production of documents to support your defense
  • Take depositions
  • Set and argue hearings
  • Introduce evidence to establish your defenses
  • Exclude improper or defective evidence
  • Compel discovery
  • Obtain sanctions
  • Conduct a trial
  • Negotiate from the strength
    . . . . . . . . . . . . . . . . . . . . . . . . . .WE DO!!

Do You Know How To Expose And Pursue Defenses And Counter Claims Due To:

  • Fraud in the inducement
  • Fraud in the execution
  • Bait and Switch
  • Truth in Lending Act Violations
  • Failure of a condition precedent
  • The violation of Florida Unfair or Deceptive Trade Practices Act, Senior Citizens Protection Act, Consumer Collection Practices Act, Florida Civil Rights Act, The Fraudulent Practices, and Mortgage Fraud Acts, and many other applicable federal and state consumer protection and debtor rights laws
  • Common law affirmative defenses such as waiver, estoppel, bad faith and unclean hands, unconscionable conduct and failure to join indispensable parties
    . . . . . . . . . . . . . . . . . . . . . . . . . .WE DO!!
  • These and many other points of law may be developed and utilized to advance your cause, protect your rights; confront, frustrate, thwart, derail and demoralize your Lender, and, disturb the balance of power which your Lender  assumes it always controls.

Why Us And What We Do:

We help people in your situation every day. Foreclosure Defense and related Consumer Protection Litigation is all we do. We have been defending foreclosures for over 25 years!

We have the knowledge, experience, dedication, integrity, and demeanor to effectively present each aspect of your case to the Court and to opposing counsel.

We demand the documents (which you may not even know exist) and ask the questions that may prove that the Bank . . .

      • Does not have the authority to foreclose
      • Has not met the pre-conditions for foreclosure
      • Did not prepare or serve the foreclosure papers correctly
      • Is trying to enforce invalid or compromised documents
      • Is subject to affirmative defenses
      • Cannot prove its case or is barred from enforcing the mortgage or note

We can demand, on your behalf, the strict compliance with the detailed and exacting, and often time-consuming formal procedures in each step of the foreclosure case.
We examine and analyze each aspect of your case and aggressively advocate to protect your procedural and substantive rights.

Why You Should Fight And How You May Benefit:

      • You may stay in your home and not pay a dime toward the mortgage, taxes or insurance during the foreclosure process
      • You may save  your home through a reduction in the principal and interest
      • During the process, the laws regarding modification may change to your benefit
      • You want justice
      • They may pay you to leave
      • You may win on the merits by establishing a meritorious affirmative defense or counter-claim
      • They may satisfy the mortgage without further payment, or may make a procedural error which prevents them from ever enforcing the mortgage

The foreclosure is a lawsuit in an adversarial system. The Judge is not there to enforce procedural and substantive requirements if you do not insist upon them

The Judge can decide in your favor, on each point, and on each step of the way only if you put each legal issue in proper form before the Court. The Judge cannot act as your lawyer and defend you

DON’T BE A VICTIM OF A SHORTCUT FORECLOSURE

We want to help you and our fees are usually much more affordable than the costs of relocation!

Have more questions? Check out our Foreclosure Frequently Asked Questions.
Call us for a free consultation.
(352) 835-7977

 


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