The threat of losing your home to foreclosure is frightening and stressful - and can leave you feeling overwhelmed and defenseless. In today’s economy and during a global pandemic, many homeowners in South Florida have lost their source of income and are unable to pay their bills - including their mortgage payments. Too often when someone is overwhelmed by debt and fear they try to hide from the inevitable and hope it will simply go away. This is understandable, but doing nothing is the worst possible solution when faced with home foreclosure.
- Florida laws give you 20 days to respond to a foreclosure notice: if you do not respond, the court can rule that you are in default and foreclose on your home.
- Due to COVID, Florida enacted a foreclosure moratorium through July 1, 2020. Even though that date has passed, certain federal home loans have additional foreclosure moratoriums.
- Florida provides certain lenders with a fast-track foreclosure process if homeowners do not present a foreclosure defense.
Home foreclosure is a legal proceeding where a financial lender sues a homeowner who is behind on their mortgage payments to take ownership of and sell the property to cover the unpaid debt.Florida Foreclosure Defense
Miami-Dade County homeowners who take action have the best chance to fight foreclosure and stay in their home. Not all lenders are in compliance with Florida and federal loan guidelines, and many loan documents have built-in homeowner protections for foreclosure defense.
If you are behind on your payments and are sued by your mortgage company for failure to repay your homeowner loan, there are actions you can take to stay in your home. An experienced Miami foreclosure defense attorney can evaluate your situation and recommend the best alternative to foreclosure for your situation:
- Loan repayment: Pay the past-due loan amount so your mortgage is fully up to date.
- Loan modification: Permanently or temporarily change the payment terms of your mortgage.
- File for Chapter 7 or 13 Bankruptcy: Asking the court to relieve your personal or business debt by liquidating your assets with the exception of your home, car and personal property.
- Short Sale: Selling your home for less than the total amount of the value or mortgage due to pay back the loan.
- Deed in lieu of foreclosure: Sign the deed for your home over to the lender so they do not take legal action to foreclose on the property.
Florida has a relatively long foreclosure process. If you are unable to win your foreclosure case, in many cases you can live in your home without paying your mortgage during the process. A Miami foreclosure defense attorney can help you determine the best solution for your situation.
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Contact Foreclosure Defense Lawyer Miguel A. Brizuela For a Consultation
All situations are not the same. If you are in danger of foreclosure an experienced Miami-Dade County foreclosure defense lawyer can protect your rights - and your home. Attorney Miguel A. Brizuela can help you defend your home against foreclosure and provide solutions to your financial situation, including assessing if you qualify for Chapter 7 bankruptcy.
Are you in danger of losing your home to foreclosure? To discuss options to protect your home, contact an experienced Miami foreclosure defense attorney today. Our initial consultation is free and confidential.
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