When you take a mortgage out on your property, you hope to pay it off. But sometimes, life happens, and you face a foreclosure lawsuit. A foreclosure lawsuit will leave you disheartened, as you might lose your home and negatively impact your credit score.
This is why you must not accept a foreclosure order or choose not to fight a lawsuit. You can keep your home from getting foreclosed or appeal against a foreclosure order with the help of a Miami foreclosure defense lawyer. Carlos M. Amor is an experienced attorney who has helped several clients keep their homes.
Book a free consultation today to learn how he can help you.
Why Choose Carlos M. Amor P.A.?
Lenders often put padlocks on homes without allowing the owners to react or pay the outstanding mortgage. Miami Foreclosure Defense Lawyer Carlos M. Amor has seen this happen severally to different clients. As a result, he aggressively represents victims of unjust foreclosures and gets them justice.
Don’t allow a lender to foreclose on your property and walk over you. Attorney Carlos M. Amor will create a path forward and stand up for your rights.
Carlos M. Amor is an experienced foreclosure defense attorney with over 15 years of experience. He has received different awards, is a certified real estate broker, and is a skilled negotiator. He will represent your best interests and work hard to help you keep your home.
Also, Attorney Carlos M. Amor has an in-depth understanding of Florida foreclosure laws and how they apply to individual cases. There are several testimonials on the efficacy of his representation and ability to mitigate losses for his clients based on their unique circumstances. Learn how he can help you; call (954) 453-7200 today.
Why Do Homes Get Foreclosed?
When you mortgage your property or take a loan to buy a home, the lender has a lien on your property. The lien allows the lender to reclaim the property if you cannot make mortgage payments. Therefore, the primary reason homes foreclose is the owner’s inability to pay their mortgage as and when due.
This could be due to a change in the homeowner’s financial status or circumstances. For example, if a person gets ill, cannot work, and has to pay medical bills, they might be unable to meet their mortgage obligation. Also, economic situations, like inflation, affect interest rates, which might increase the number of foreclosures.
Understanding the Foreclosure Defense Process in Miami, Florida
Like most US states, Florida is a lien theory state, meaning that borrowers use their property as security for a loan. If the borrower cannot pay their mortgage, charges, or fees, they might face foreclosure. Under Florida law, all foreclosures come under the purview of the law — judicial foreclosure.
The lender starts the foreclosure process by issuing or mailing a Notice of Default. The notice informs you that you are behind on your mortgage payment, and the lender wants to commence the foreclosure payment. Lenders send a Notice of Default when a borrower misses three payments.
Afterward, the lender will file a complaint with Circuit Court. The complaint must be accompanied by a Lis Pendens, meaning the borrower has received the foreclosure notice. Once it is confirmed that you have been notified of the foreclosure procedure, you have 20 days to file an answer.
Florida law protects your interest, and Miami mortgage defense lawyer Carlos M. Amor will use it to help you protect your home.
The answer tells your version of the facts, and you can argue your case with it. Once the answer period elapses, the lender may ask the court to issue a summary judgment. But the timeframe can be extended by 20 days if the case proceeds to a hearing and before the hearing commences.
If you are successful at the hearing, you will keep your property from getting foreclosed. But if you were unsuccessful, the court will set a sale date, typically 30 to 45 days after the hearing. Note that Florida has a Right of Redemption Statute allowing borrowers to reclaim their property when they pay the amount owed and costs.
You can do this anytime before or after the auction sale. Florida law provides a ten-day waiting period after the property is auctioned and bought by the highest bidder. Suppose the lender sells the property for less than the balance owed. In that case, Florida allows the lender to involve in the Deficiency Judgment provision.
While the foreclosure process appears straightforward, it is intricate, like a chess game. One wrong move can affect the outcome of your case, and your chances of winning start from when you respond to the complaint. Therefore, allowing Miami foreclosure defense lawyers to handle your case is best.
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.
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.
Is Litigation the Best Option for Foreclosure?
If the lender files a foreclosure lawsuit in court, your only option may be to respond and get involved in the litigation process. However, you can file for bankruptcy if you prefer to avoid litigation.
What Defenses Are Available for a Foreclosure Lawsuit?
When faced with a foreclosure lawsuit, several defenses are available to you. This includes the statute of limitations elapsed, the lender did not send a Notice of Default, the lender lacked the standing to file the lawsuit, etc.
How Long Does It Take to Conclude a Foreclosure Lawsuit?
The court’s schedule in Florida largely determines how long it takes to conclude a foreclosure lawsuit. But typically, it might last four to six months if the case is uncontested.
Will I Lose My House Immediately If I Lose the Foreclosure Lawsuit?
No. Firstly, the court sets a 30 to 45 days wait period before the lender can hold an auction on the property. After the sale, you get ten days before the title passes to the new owner. If, within these timeframes, you file an Objection to the Sale, pay the debt, you can get your house back.
How Carlos M. Amor Can Help with Your Miami Foreclosure Defense
Foreclosure defense attorney Carlos M. Amor will help you find the perfect solution to your foreclosure case. He will assess your case to see if an investment group bought the loan and the group’s willingness to negotiate. Attorney Carlos M. Amor will negotiate with opposing counsel to get you to pay a smaller sum if negotiation is on the table.
This way, you do not go to court or file bankruptcy, affecting your credit score. If the lender files a lawsuit, attorney Carlos M. Amor will devise a strategy to mitigate your losses. So, don’t handle your case alone; call the law firm of Carlos M. Amor P.A. today for help.
Are You Facing a Foreclosure Lawsuit? Contact Foreclosure Defense Lawyers in Miami Now!
Don’t lose hope if you are facing a foreclosure lawsuit or your house has been foreclosed. You stand a chance of getting it back if you take action today. Increase your chances of winning by booking a free consultation with Attorney Carlos M. Amor via phone, video, or in person.
