Different states have different laws when it comes to stopping a home foreclosure. Florida happens to be a judicial foreclosure state, which means that a judge must grant permission to a lender before a foreclosure can take place.
Sometimes, life happens and you may find yourself unable to pay your mortgage. The legal team at Handin Law is here to help. We can help you prepare a foreclosure defense.
How The Florida Foreclosure Process Works
In order to successfully foreclose on a home, the lender must make his or her case in court. Florida law requires a court of equity to conduct the case. This means that a judge must apply principles of fairness when making the final decision. As the homeowner, you will have the chance to present your defense in order to stop the foreclosure, which your attorney can help prepare. There is no jury involved in making this final decision; only the judge determines the fate of the home.
Florida Foreclosure Defenses
There are a few different legal angles you can take when presenting your foreclosure defense in court. Not all of them may apply, but your attorney can help build a better case if you can prove any of the following:
“Unclean hands” refers to a legal defense strategy to prove that a lender engaged in unethical practices regarding foreclosure. As the homeowner, you will have to prove that there was fraud or an otherwise illegal transaction from your lender, or other types of unethical conduct. This tactic is one of the hardest because you will need to have evidence to present to the judge. But if such evidence exists, an experienced attorney will find it.
Another foreclosure defense strategy involves proving that the lender failed to fulfill all conditions required to foreclose on a home. Perhaps the lender failed to notify the homeowner of default. Maybe other terms or conditions in the mortgage contract were unclear. If such conditions exist, an experienced attorney can help build this case.
Last Case Scenario: Filing For Bankruptcy
We, at Handin Law will do everything in our power to avoid this option, but nonetheless, it is an option. Once a homeowner files for bankruptcy, an automatic stay goes into effect, which successfully delays foreclosure. However, this stay is only temporary. It is intended to help you buy some time and prevent creditors from coming after you as you continue to assess your financial options and make new plans.
Of course, your mortgage lender will try to get rid of this injunction by filing a motion in court. The judge will still need to give consent to deny or proceed with the foreclosure. If the court allows the motion to go through, foreclosure can often still be delayed for several months.
Foreclosure Defense and More In South Florida
For nearly half a century, the lawyer and experienced support staff at Handin Law have served the residents of South Florida. Our wide range of legal services include Wills, Trust, Probate, real estate , title insurance, business law, and much more. We are proud to work with a diverse range of clients, and our service is as expert as it is compassionate. Our attorneys always have your best interests at heart. If you find yourself facing a home foreclosure, or have other legal questions and concerns, call us today at 1-877-815-4560.