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Foreclosures, How To Protect Yourself

Currently numerous people are having to deal with this stressful issue. Plus there is a tremendous amount of misinformation out there which is often very confusing for persons who are not familiar with the process.

Florida is a “Judicial Foreclosure” state meaning that all foreclosures must proceed through the court system. Unfortunately, many people will attempt to “work out” their issues with their lender by doing a “Deed in Lieu”, “Short Sale” and or “Mortgage Modification” after the process has already started. While people like yourself are attempting to do the right thing and try this “work out”, a Foreclosure Judgment may nevertheless get entered against you!

Once a foreclosure case has been filed there are several options. Unfortunately waiting to see what happens is not one of them. Accordingly, you or your foreclosure defense attorney must file a Response to the foreclosure court action within 20 days or you will lose your case by Default (and your Home)!

Moreover, there are several defenses to foreclosure. Essentially if you defend (thereby stalling the lender’s action of eviction), you force them to produce the original promissory note and or other numerous documents to prove their case. Since this may be quite difficult, your lawyer may be able to keep you and your family in the home for quite some time, even if you are behind or not currently paying your mortgage!

Generally, the best way to deal with a foreclosure is to discuss your situation with a competent attorney immediately who can discuss all of your options. Do not trust the bank, lender or credit counseling service who may attempt a “workout” for allegedly more favorable payment terms. Oftentimes, its’ just a delay tactic on their end. Consequently, let Evan and his legal team refer you to an aggressive law firm who will explain the pros and cons of all the various options available, including bankruptcy and can fight aggressively on your behalf.