West Palm Beach Foreclosure Lawyer
Can you answer yes to any of the following three questions?
- Homeowners: Are you facing foreclosure?
- Are you being threatened by your bank?
- Have foreclosure papers been filed against you?
If the answer is yes, then you need to contact one of our West Palm Beach foreclosure defense attorneys because you may be able to save your home. The foreclosure process can be scary. Seek the help of an experienced foreclosure defense attorney to assist you in this complex matter before it is too late. Time is of the essence after you have received court papers.
A mortgage foreclosure defense lawyer will tell you that the longer you wait to take action on the foreclosure, the more difficult and expensive the process becomes, and your options to save your home decrease. Homeowners should understand that banks hire attorneys to represent them in foreclosure matters that charge fees, which ultimately can become the responsibility of the homeowner. Therefore, if a homeowner is facing foreclosure, they should consult with an ethical and experienced foreclosure defense attorney to discuss the appropriate actions for their particular situation.
Take action and seek help from an experienced foreclosure defense lawyer. There are several scam artists and unethical companies preying upon distressed homeowners. Only seek assistance from experienced foreclosure defense legal professionals. Since the foreclosure process is complex and cumbersome, you want someone on your side that you can trust.
If you want a free consultation to discuss your mortgage foreclosure matter with one of our experienced attorneys, complete the form on the left hand side, and submit the form to us for review. Please feel free to call us at 1.888.777.3884 if you would like to speak with one of our legal professionals to discuss your foreclosure matter.
The Foreclosure Process
In Florida, lenders can use the courts to foreclose on a mortgage in default. One of the first steps is to file a lawsuit in the County Circuit Court where the foreclosed property is located. In Florida, there is only a judicial process for foreclosures.
The homeowner (borrower) is served with notice of the lawsuit and is given the opportunity to appear in court. The goal of the bank or lender is to convince the court that under Florida equity law, foreclosure is the only option, since the borrower is in default.
The Mortgage Foreclosure statute that governs foreclosures in Florida is found in Florida Statute Chapter 702: Foreclosure of Mortgages, Agreements for Deeds and Statutory Liens.
Pre-Foreclosure Timeline for Homeowners
- Mortgage and Note - When you purchase a home, you sign a mortgage and a note, along with several other documents.Your mortgage places the property or home as collateral for the debt to the bank. The Note is your promise to pay the bank.
- Notice of Default - This is the beginning of the foreclosure process. When a homeowner, fails to live up to the terms of the mortgage and note and fails to make payments such as mortgage payments, taxes, and insurance, and homeowner association fees, the lender can declare a notice of default.
- Disputing the Validity of the Debt – In Florida, a homeowner can dispute the validity of the debt. It is recommended that a dispute of the debt, be submitted in written form to the Lender as soon as possible.
- Opportunity to Cure – Under Florida law, a homeowner can pay all of the outstanding bills due on the mortgage prior to the Lender exercising the option to accelerate.
- Option to Accelerate – A mortgage usually has language that includes the lender’s option to “accelerate” the mortgage, if the mortgage is in default. Acceleration of a mortgage gives the Lender the right to require the entire mortgage paid in full at once, not only the arrearages, to avoid foreclosure. In many instances, the right to pay the arrearages and reinstate the mortgage is terminated upon acceleration of the mortgage. The filing of a “Lis Pendens” may be considered a de facto notice of the acceleration, if the lender does not officially provide a homeowner with a formal notice of acceleration.
Foreclosure Litigation Timeline
- The Filing of the Lis Pendens
- The Answer (20 days)
- The Preliminary Hearing
- The Summary Judgment Hearing (45 days)
- Foreclosure Sale Date (75 days)
- Redemption by Junior Lien Holders
- Judicial Sale, Advertisement and Certificate of Title
- Deficiency Judgment