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DEFENDING FORECLOSURE
Don't let banks and mortgage companies set the terms
of
your foreclosure by not responding to the bank's Complaint
and allowing the entry of a Default Judgment. Seek legal
help to make sure they do not proceed without proving the
essential elements of their foreclosure claim and following the
rules of procedure. In Florida, the foreclosure process moves
very quickly. Once you are served with legal papers, you only
have twenty days to respond to a bank’s Complaint, so you
should consult with an attorney immediately if you wish to defend
against the foreclosure.
Foreclosure involves a lawsuit in which a bank or
lender takes tries to have a property sold to pay off the debt
to the bank. As a result of the foreclosure, the owner loses whatever
rights they had in the property.
You have the right to fight foreclosure. A vigorous
defense takes advantage of the fact that the lenders are required
to prove their claim. They must produce evidence to prove each
part of its case, in order to have the right to foreclose. They
must follow the rules of procedure if they seek to take your home
away. A defense attorney defending a homeowner can assert legal
defenses based on defects in the foreclosure suit or the original
loan documents. Your attorney can use an aggressively defend if
your lender has in some way violated the many laws and regulations
that apply to them. You may have valuable defenses against your
mortgage company that could actually prevent the lender from foreclosing
at all and require your lender to the negotiating table.
Additionally, almost all mortgages in the state
of Florida give you or your defense attorney the right of reinstatement.
Reinstatement occurs when the loan is brought current by paying
the total amount past due by the borrower, at any time during
the foreclosure litigation process. Other options include Repayment
Plan (an agreement to bring the mortgage current over time), Redemption
(the act of paying off the delinquent loan in full) and more.
We are one of only a few firms in South Florida
that handle foreclosure defense cases with years of experience
handling real estate and real estate litigation matters. If your
lender moves to foreclose on your home, defending your foreclosure
can provide you the time you need to get your bank to come to
the bargaining table and negotiate with you in good faith. Seek
help from the knowledgeable attorneys at Carrillo and Carrillo,
P.A. to properly evaluate your foreclosure matter and defend against
the bank's efforts to take your home.
The knowledgeable attorneys at Carrillo and Carrillo,
P.A. will review your case and provide you with an initial consultation
free of charge.
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