What Happens if My Home goes into Foreclosure and Goes to Court?
Purchasing property is exciting and a bit overwhelming. After all, your newly acquired home is likely your largest asset, one for which you spent years saving. While the prospect of making such a significant investment may be daunting, you likely approached this transaction in good faith, with the belief that you were financially stable and capable of making all mortgage payments.
Unfortunately, in life we face unforeseen obstacles. How we respond to them can make a very real difference in their outcome.
Understanding what happens if your home goes into foreclosure and goes to court is important and is something your Florida foreclosure defense attorney should discuss with you.
In all foreclosure cases, your attorney must carefully review the related documentation, including your responses to your lender, to help identify the most appropriate course of action.
Arguments and Evidence at the Hearing where you establish your Foreclosure Defense
You Will Have the Opportunity to Defend Yourself
If you have elected to fight your foreclosure in court you are, in effect, challenging the legality of the actions of your lender. Your foreclosure defense attorney will review your specific situation and build a defense to protect your best interests. Based on your lawyer’s experience, he may have a host of options. Some of the most often used arguments and evidence are shared below:
- Disregard for federal mortgage servicing rules and/or Florida foreclosure procedures by your lender
- Mishandled mortgage payments
- Inflated escrow and/or insurance costs
- Failure to send a default notice
- Truth in Lending Act and Real Estate Settlement Procedures Act violations
- Implementation of predatory mortgage practices when you first purchased your property
- Unfairly rejected mortgage modification requests
- Non-compliance with Florida foreclosure procedures
- Disregard for an existing loan modification
- Failure to pay property taxes in a timely fashion by the lender
- Erroneous affidavits and/or declarations
- Improper notification of foreclosure
- Lack of standing by the lender
- Violation of the statute of limitations
- Standing as an active duty member of the armed forces.
Your foreclosure defense attorney will review all aspects of your mortgage and situation and determine if any of these defense strategies, or others, are applicable to your specific case.
Understanding What Can Happen
Possible Outcomes of Your Foreclosure Defense Hearing
Federal law governing the foreclosure process provides a four-month period for lenders in default to pay their outstanding debts or negotiate to identify viable options, including short sales, forbearance or loan modifications. If unsuccessful, the lender can officially file a foreclosure lawsuit. Your foreclosure defense attorney can present your case in a hearing in court.
If you win at trial (for example, if you are able to prove lender error or that you are an active service member with legal protections), the foreclosure will be dropped. However, if you do not have a viable legal defense, the judge will likely rule in favor of foreclosure, which allows the lender to sell your property.
Another option is to enter foreclosure mediation with a goal of positive resolution that allows you to keep your home.
Results of mediation may include loan modifications and short sales.
It is important to make sure you understand all possible outcomes after you receive a notice of foreclosure from your lender. The best way to ensure the information you receive is reliable is to work with a reputable Florida foreclosure defense attorney.
Do You Need a Lawyer for a Foreclosure Hearing?
Invest in Yourself
If you are facing foreclosure, ownership of your most valuable asset is at stake. Losing it will impact you and your family, both financially and emotionally.
The foreclosure process in Florida is complex and not something you should handle on your own.
Mistakes you may make can negatively impact your situation. In cases like this, engaging an experienced and reputable Florida foreclosure attorney is wise . . . it is an investment in yourself and your future.
Contact Carlos M. Amor Today
Carlos M. Amor is a seasoned Florida foreclosure defense attorney with more than 15 years of experience in real estate law. He is also a licensed real estate agent. Throughout his career he has worked closely with property owners in South Florida as they faced foreclosure. A creative problem solver, his knowledge of real estate law is deep, and he knows how to craft foreclosure defenses to help protect his clients.
As part of his commitment to the community, he offers all potential clients a free consultation, either in person, via telephone or video conference. Mr. Amor understands and appreciates the anxiety of those facing foreclosure experience, so he is available to meet with you immediately.
Contact him today at 954-453-7200 to start a conversation. He is ready to go to work for you.
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 ]