Your home is your sanctuary. We know that the threat of losing it because of financial difficulties is stressful and confusing. You may feel frightened and embarrassed about being hassled by your lender for missing mortgage payments. You are not alone among Florida homeowners. In recent years, times have been tough economically for many people in the state and across the country. The good news is that if you have not yet been foreclosed upon, there may be ways to stop the process. Even if your lender has already formally filed the foreclosure lawsuit, another solution may be available.
Our Davie law firm focuses on helping people avoid the financial and emotional distress of foreclosure. Real estate attorney Carlos M. Amor has a successful track record of helping clients keep their homes. He will carefully analyze all the details of your situation to develop the most effective legal strategy for your circumstances.
Call us at (954) 453-7200 to arrange a consultation with a skilled Davie, Florida, foreclosure defense attorney. For our clients’ convenience, our office offers free consults, by phone, via video meeting or in person.
Why Trust Carlos M. Amor with Your Case?
Davie, Florida, foreclosure defense lawyer Carlos M. Amor has the demonstrated experience necessary to successfully take on mortgage lenders and achieve positive outcomes for homeowners. His background includes:
- 15 years of experience, with a focus on foreclosure defense and real estate litigation in South Florida
- Extensive complementary experience as a licensed Florida real estate broker
- A top rating by his professional peers for his legal knowledge and ethics.
As a Miami native who has always called the Sunshine State home, Carlos M. Amor has unique insight into the problems faced by financially struggling Florida homeowners. When you trust him with your foreclosure case, he will work compassionately to get you the best possible resolution.
How the Foreclosure Process Works
There are two types of foreclosure processes in the United States. They include non-judicial and judicial. Non-judicial means that lenders do not have to get approval of the court to foreclose. In judicial foreclosures, a lender must prove to the court why it has the right to foreclose on a mortgage. Florida is a judicial foreclosure state, so your lender will have go to court and file a foreclosure lawsuit to officially begin foreclosure proceedings. Once this filing takes place, you will be served with a complaint that informs you there is a suit pending against you and your property. The complaint will lay out the claims the lender is making against you.
If you wish to keep your home, you must respond to the complaint within 20 days. If you fail to respond, the foreclosure will most likely go ahead. If you are not yet working with an attorney, it is to your benefit to get legal help when the official foreclosure lawsuit has been filed if you wish to keep your home. How you respond to each claim in the complaint from your lender can affect defenses you may be able to use later in court. Carlos M. Amor, our knowledgeable Davie, Florida, foreclosure defense attorney can help ensure that you respond in the most advantageous way possible.
Pre-Foreclosure Loss Mitigation Options
Prior to officially foreclosing, by law your lender must inform you about possible ways to stay in your home. You may qualify for a loan modification, mortgage forbearance or a repayment plan:
- Loan modification. In loan modification, lenders agree to permanently modify loan terms to reduce monthly payments, typically by extending the length of the loan.
- Mortgage forbearance. Mortgage forbearance temporarily halts or reduces mortgage payments, allowing borrowers time to improve their financial situation.
- Repayment plan. If you are behind on your mortgage but are now in a position to continue making payments, a repayment plan may allow you to repay missed payments over time.
There are also options for avoiding foreclosure if your goal is not to keep your home. These include a deed in lieu of foreclosure and a short sale. Once our Davie, Florida, foreclosure defense attorney understands your situation and goals, he can counsel you about a possible way forward.
How Our Davie, Florida, Foreclosure Defense Lawyer Can Help You
Foreclosure is a complex process. Our Davie, Florida, foreclosure defense lawyer knows the steps involved to get you the best possible outcome. He will build a strong foreclosure defense on your behalf. He will examine claims you may have that your lender or servicer made mistakes that they failed to correct. Our attorney will investigate to make sure your lender followed all applicable state and federal foreclosure laws. He will ensure that the bank has not violated the statute of limitations for foreclosing. There are other defenses to foreclosure that may apply to your case, depending on the circumstances.
Call Carlos M. Amor at (954) 453-7200 to schedule a consultation about your foreclosure case, whether you are in pre-foreclosure or have been officially served with a foreclosure complaint. For the convenience of clients, Attorney Amor offers free consults, by phone, via video meeting or in person.
Florida Foreclosure FAQ’s
Carlos M. Amor Provides Answers to Common Questions
Foreclosure can be a confusing process, and it is not unusual to have many questions. Here are answers to some of the most common questions our law firm receives. To have concerns addressed that are specific to your foreclosure case, reach out to speak to Davie, Florida, foreclosure defense attorney Carlos M. Amor.
What if I believe my lender made a mistake?
Mortgage lenders are not infallible. They may make loan servicing errors, such as incorrectly applying mortgage payments, wrongly increasing escrow payments, or not paying impounded property taxes, that could potentially lead to foreclosure actions. If your lender is threatening foreclosure and you believe they have made a mistake, contact them in writing through a formal notice of error right away to explain that you believe there was a mistake. If you are unsatisfied with their response or if they do not respond in a timely way, reach out to Carlos M. Amor for legal help.
How many payments can I miss before foreclosure starts?
In general, lenders cannot file a foreclosure lawsuit with the court until homeowners are more than 120 days past due on payments. Prior to the official foreclosure filing, you should be given opportunities to avoid foreclosure. Our foreclosure defense lawyer in Davie, Florida, can explain possible options for keeping your home based upon your unique situation.
How long does foreclosure take?
The answer to this question is that it depends. If you do not fight the foreclosure, it can take just a few months from the time your lender files for foreclosure with the court until your home is sold. If you wish to fight to keep your home, the process will typically take significantly longer as your case goes through the litigation process. If your goal is to stay in your home or to resolve the mortgage issue with the least amount of stress on you or your financial situation, reach out to our Davie, Florida, foreclosure defense lawyer for knowledgeable assistance.
Why do I need an attorney to fight a foreclosure?
If you are in pre-foreclosure, which is the period before the foreclosure suit has been filed with the court, you may be able to come to agreement with your lender on a loss mitigation option without the help of an attorney. However if your lender does not respond to you in a timely way or is not cooperative in trying to help you avoid foreclosure, or if foreclosure has already begun and you wish to keep your home, having the assistance of an experienced foreclosure defense attorney in Davie, Florida, can be instrumental in getting you the outcome you need.
Don’t delay when your home is at stake. Reach out for help today. Call our Davie, Florida, law firm today to arrange a consultation by dialing (954) 453-7200. Attorney Amor offers free consults, by phone, via video meeting or in person.
Reach Out to a Knowledgeable Foreclosure Defense Lawyer in Davie, FL
Carlos M. Amor Fights Aggressively for Homeowners’ Rights
If you are a Florida homeowner who cannot meet your mortgage obligation and are being threatened with foreclosure or are already in foreclosure, you have come to the right place for help. Our foreclosure defense lawyer in Davie, Florida, is passionate about standing up for the rights of individuals and families who are in danger of losing their homes due to financial hard times. Reach out to him for a free consultation so he can learn how he may be able to help you stay in your home, or obtain another outcome within your goals that avoids foreclosure.
Call our law firm at (954) 453-7200 to schedule a time to speak with our Carlos M. Amor. For the convenience of clients, Attorney Amor offers free consults, by phone, via video meeting or in person.