Fort Lauderdale Foreclosure Defense Lawyer
Are you facing a possible foreclosure and feeling helpless? You may be scared and stressed that you will lose the home you worked so hard to get now that the mortgage company is threatening to foreclose on you. It’s essential to take a deep breath and realize you do have legal options. An experienced Fort Lauderdale foreclosure defense lawyer can help. Millions of people have had their homes foreclosed on, but more and more homeowners are fighting back. Depending on your circumstances, multiple foreclosure defenses may be available.
Common Defenses to Foreclosure Actions
There are multiple foreclosure defenses available, one or more of which may apply in your situation. Common defenses include:
- Filing for Chapter 7 or Chapter 13 bankruptcy
- Showing the lender makes a mistake with your mortgage or the foreclosure process
- You are entitled to relief under the Servicemembers Civil Relief Act (SCRA)
- You have a home loan modification
- You can demonstrate that the mortgage lender violated a state and/or federal law
It’s not uncommon for mortgage lenders to make errors when starting the foreclosure paperwork, especially when it comes to notice and timing. The laws surrounding foreclosure actions are complicated, which is why mistakes happen more often than you think. By demonstrating they made a significant error, you can make a successful foreclosure defense.
If you are a military member, the Servicemembers Civil Relief Act (SCRA) could provide some protection for you. You can request a halt or stay on the proceedings if you can show you are on active duty.
Federal and state laws also protect homeowners. Protections such as the Truth in Lending Act is an important one that some mortgage lenders violate. If they failed to meet the legal standards, then the court may halt your foreclosure proceedings immediately.
Bankruptcy may provide some relief as well. Your attorney can advise what applies in your situation based on which type of bankruptcy you filed.
Get a Loan Modification
Trying to get a mortgage loan modification is another strategy to avoid foreclosure. There are numerous benefits to a mortgage loan modification, including:
- Reduces your monthly mortgage fees and penalties or late fees
- It can reduce the principal you owe on the loan
- It can change your interest rate
- Provide extensions on your payment deadlines
- Create a temporary halt in payments (known as forbearance)
Applying for a loan modification can be one of the easiest ways to avoid the lender proceeding with a foreclosure action against you. Pursing a foreclosure action is costly and time-consuming for the lender. It’s in their best interest to find common ground and a way to work with you. By making your payments more affordable, you get to keep your home, and they still earn money while avoiding spending additional funds to move forward with a foreclosure.
Hiring a Fort Lauderdale Foreclosure Defense Lawyer
Hiring a skilled Fort Lauderdale foreclosure defense lawyer is an essential step in determining whether you can present a good foreclosure defense strategy. To learn more about how we can help, contact Edward J. Jennings, P.A., today to schedule an initial consultation.