Foreclosure is a legal action taken by a bank or lender to take back property from a borrower that is delinquent on payments. In Florida, this process is governed by a set of guidelines. A Fort Lauderdale foreclosure attorney can fight on your behalf, helping to protect your rights and may keep you in your home. Once your lawyer begins this process, the lender generally will not accept payments.
To be clear, this means that you may be able to stay in the house without making mortgage, taxes, or insurance payments until the outcome of your case is settled.
Fort Lauderdale Foreclosure Attorney Cost
Your monthly payment will be $450.00 or less depending on your individual circumstances. Litigation costs, if any, would be your responsibility, however such costs are usually minimal, and we will not incur any costs to you without your prior approval. There are no up-front fees and you may cancel at any time; you simply start with the first monthly payment.
Monthly Payment Program
Under our monthly payment program, your Fort Lauderdale Foreclosure Attorney has an incentive to fight to keep you in your home as long as possible. You may be able to stay in your home for years. Defending your foreclosure costs far less than today’s high monthly rents, also, the longer you fight, the more time you may gain to take advantage of new and possibly better modification programs.
Fort Lauderdale Foreclosure Proceedings
Here is what you can expect if your lender chooses to begin foreclosure proceedings.
- Initially, you will be sent a Notice of Default, asking you to bring your loan to a “current” status by a specific date. Your lender may choose to take legal action if you fail to act or respond.
- Next, a Lis Pendens/Complaint with be filed with the court. At this point, you are officially being sued by your lender.
- A Summons/Service of Complaint will be personally served upon you or served to a family member in your household who is at least 15 years of age. Sometimes, the summons is published in a local newspaper. At this point, you have 20 days to file an Answer to the Complaint. This gives you the chance to state your case before a judge. Your lender may receive a default judgment if you don’t file a response.
- Next, once you respond, your lender’s attorney will file a Motion for Summary Judgment/Trial, indicating to the court that a trial is not necessary because you have not disputed any issues of fact. Two things can happen here. Should the judge agrees, a judgment will be entered. Otherwise, he or she will set a date for trial.
- If the court grants the summary judgment or rules in favor of the lender at trial, a sale date will be set 35 to 60 days thereafter and auctioned to the highest bidder which is usually the lender.
- After the property is sold, the buyer will move for a writ of possession to have you evicted from the property.
- In the event the property is returned to the lender and the full amount remaining on the loan is not obtained through resale, the lender has the right to sue you for a Deficiency Judgment — the lender may also garnish wages or bank accounts, or by place a lien upon any and all of your assets.
We can assist you at any stage in the foreclosure process
Take a moment and review the following list of questions. If you answer yes, please contact us to discuss your situation free of charge.
- Are you behind on your mortgage payments?
- Are you already in foreclosure? We can assist you at any stage in the foreclosure process.
- Does your lender keep asking for your paper work over and over again even though you have repeatedly sent it to them multiple times?
- Have you been trying to get help from your mortgage company but they have been slow, or uncooperative?
- Have you been turned down for a loan modification by your lender?
- Has a Motion for Summary Judgment been filed?
- Has a Trial been set?
- Have you been locked out of your home without being given a notice and an opportunity to retrieve your personal property?
- Is your house about to be sold at auction?
If you are behind on your mortgage payments or have been served with a foreclosure complaint, you need to speak with a Fort Lauderdale Foreclosure Attorney about your case. We can discuss your options with you and develop a course of action that protects your personal and financial interests.
Our Foreclosure Lawyers May
- Stop or postpone your foreclosure sale date
- Lower your mortgage payments
- Lower your principle balance
- Get you money from your lender
- Keep you in your property
Get Your Free Consultation Now
The Fort Lauderdale attorneys at The Herman Law Group are skilled negotiators and trial lawyers dedicated to protecting their clients’ interests and rights at the mediation table or in the courtroom.
For legal advice and hands-on assistance, contact the attorneys at The Herman Law Group for a free consultation.