Experienced Foreclosure Defense Attorney
Our Florida Law Firm Stands Up for Your Rights
If you have already been served, you still may be able to keep your home. But it is usually crucial at this point to get the assistance of a skilled and aggressive foreclosure defense attorney.
Carlos M. Amor is an experienced foreclosure defense attorney who has successfully helped many others. He will strategize a path forward and stand up for your rights. Call our law firm today at (954) 453-7200 to arrange a consultation so we can learn about your situation. For our clients’ convenience, our office offers free consults, by phone, via video meeting or in person.
Florida Foreclosure Defense Lawyers Understand the Law
Reach Out to a Knowledgeable Attorney for Help
Lenders can’t simply put padlocks on your doors and throw you out when you haven’t paid the mortgage. Under federal consumer protection law in most cases, they must wait until you have missed payments for at least 120 days before they can begin to foreclose. And before that time is up, they must inform you about possible loss mitigation opportunities to keep your home, or give up the home without foreclosure, depending on your situations and goals. These include loan modifications, repayment plans, short sales, and other options.
Carlos M. Amor is an experienced Florida foreclosure defense lawyer, skilled at negotiating with lenders to protect homeowners. Call our office now to discuss possible loss mitigation options for your circumstances and how we can help you.
Testimonial
“The first foreclosure case was filed against me and my family’s home in 2008 and had been dismissed-refiled two times since then. When I received a notice in the mail in 2018 that suggested the bank was going to re-open my old foreclosure case I decided to take the initiative and attempt to negotiate the debt and hire an attorney before the foreclosure was filed. The mortgage on my property at that point was at $1.63 million dollars. Not only was he able to negotiate the lien with the new lender but Carlos was able to reduce the total balance down to $625K!!. That was a reduction of over $1 million dollars and comes out to 38% of the total debt previously owed. I have allowed Carlos to share the documents that prove my success story with future clients because I think this service and tactic could save thousands of people who have been in the same position since 2008. I highly recommend his services.” – Mario S.
Fight Foreclosure Lawsuits or Even Slash Your Mortgage Debt
If you’re behind on payments or facing foreclosure, we may be able to negotiate your mortgage down – saving you thousands. Our expert team can help you qualify for a new loan that pays off your old debt at a fraction of the price.
Facing a foreclosure lawsuit? Don’t delay! You have 20 days to respond, or you could lose your home. Responding correctly is critical – a foreclosure defense lawyer can guide you through the process, maximizing your chances of keeping your house.
Carlos M. Amor is an experienced foreclosure defense attorney who will review your case to determine an appropriate defense. He will then prepare a response to increase your chances of a satisfactory outcome and file the paperwork for you. Work with an attorney who has in-depth insight into Florida foreclosure law by calling (954) 453-7200 today.
What Defenses Can You Use When Fighting Against Foreclosure?
When you receive a foreclosure complaint from your lender, it is easy to assume you are in the wrong and they have a right to foreclose. However, as seen from experience, this is not always the case. There are several defenses you can use to win against a foreclosure.
Don’t give up when faced with the possibility of losing your home. Instead, get legal representation and fight to mitigate your losses.
Lenders make several mistakes when handling loans, and some of these errors involve failing to follow the proper judicial process. The following are some of the common defenses to a foreclosure complaint:
Lack of Standing
One of the commonly used defenses in foreclosure lawsuits is lack of standing. To have the standing to commence a foreclosure action in a court of law, the plaintiff (lender) must show that it holds the mortgage or promissory note when filing the lawsuit. If they fail to do this, they lack the right to commence the action, and you can ask the court to dismiss it.
Failure to Provide the Required Notice of Default
As mentioned, the law requires the lender to issue a Notice of Default before filing a foreclosure complaint. In Citigroup Mortgage Loan Trust Incorporated v. Scialabba, the court ruled that a Notice of Default is a condition precedent to foreclosure in most residential mortgages. The requirements lenders must follow are stated in the loan document, and failure to do so negates the foreclosure lawsuit.
Statute of Limitations
Under Florida law, all foreclosure lawsuits must commence within five years from default. If the lender fails to bring their action within this timeframe, you can ask the court to dismiss any lawsuit filed out of time.
Some mistakes lenders make that can also serve as defenses include the following:
- Increasing escrow payments or insurance premiums
- Not paying property taxes promptly
- Failing to provide you with loss mitigation options
- Unfairly denying your loan modification request
- Failing to service your loan
If the lender does any of the above, you must send a written Notice of Error and specify the timeframe for a response. Also, you can request records associated with your mortgage account through a written Request for Information. Miami foreclosure defense lawyer Carlos M. Amor can help you prepare and send the notice.
Also, Attorney Carlos M. Amor will review your case to determine the appropriate defense based on the facts. He will then prepare a response to increase your chances of a satisfactory outcome.
Don’t Face Foreclosure Alone
Facing foreclosure is stressful. We’ll help you understand your options and develop the best strategy for your situation. Our goal is to help you keep your home and minimize the financial damage of foreclosure.
Get a free consultation with attorney Carlos M. Amor – call us at (954) 453-7200. We can meet in person, by phone, or video call.
Simply moving out won’t solve your debt problem. Your lender can still sue you, damaging your credit and making it tough to buy or rent in the future.
We’re committed to finding the right solution for your foreclosure case. We’ll tailor a strategy to protect you from lawsuits and minimize the impact on your credit. Don’t face foreclosure alone – we’ll find the best path forward.
Ready to fight for your home? Our foreclosure defense attorney will create a plan to help you keep your house. We understand how devastating this is, and we’re here to guide you through it. Don’t let your mortgage company push you around – call us and fight back.
Our Florida foreclosure defense lawyer has the experience to navigate this complex process. Don’t try to handle this alone. With our legal help, you have a much better chance of a positive outcome.
Call our Florida real estate law firm at (954) 453-7200 today to schedule a time to speak with us. Attorney Carlos M. Amor offers free consults, by phone, via video meeting or in person.
Miami Foreclosure Defense FAQs
The thought of losing your home would leave you in emotional turmoil, and you may have several questions about the lawsuit. This is not uncommon, and it happens to so many homeowners. So, below are some of the frequently asked questions about the Miami foreclosure defense.
Call our Florida real estate law firm at (954) 453-7200 today to schedule a time to speak with us. Attorney Carlos M. Amor offers free consults, by phone, via video meeting or in person.
ATTORNEY CARLOS M. AMOR
Carlos M. Amor is a skilled and experienced attorney and real estate broker. His legal practice in South Florida focuses on real estate litigation, real estate investments, tax deed and foreclosure auction purchases, traditional real estate transactions, short sales, foreclosure defense, and civil litigation. Carlos thinks “outside the box” and takes a practical approach to finding solutions that benefit his clients. [ ATTORNEY BIO ]
