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Foreclosure Prevention: How Foreclosure Defense Attorneys Can Help

Foreclosure Prevention: How Foreclosure Defense Attorneys Can Help

Think again if you aren’t sure it’s worth hiring a foreclosure defense attorney. With extensive training and experience in this area of law, you may be able to keep your home or walk away with minimal damage to your credit or finances.

The legal team of Marc Brown, P.A., has helped thousands of Floridians endure the stressful process of a foreclosure action. Our firm understands the anxiety and dread that comes with being foreclosed upon and provides the support you need to explore your options to minimize the impact on your financial well-being.

How an Attorney Can Stop a Foreclosure in Florida

While every foreclosure situation is unique in circumstances, there are three primary ways that our law office can prevent the bank from foreclosing on your property.

Loan Modifications

While you can undoubtedly approach your lender on your own to modify your loan, a seasoned attorney has the experience and familiarity with the process. This means your chances of successfully getting a loan modification are higher with our help. We know how to get lenders on board with salvaging your mortgage, from negotiating a lower interest rate to payment modification or lowering your principal balance.

Short Sales

If you don’t want to keep your home and eliminate the balance you owe, a short sale may be your best bet. Essentially, you will sell the house, often for less than you owe, and use the proceeds to pay your loan. The challenge is getting your mortgage company to agree to the short sale and forgive the remaining debt not covered by the deal.

The foreclosure defense team at Marc Brown, P.A., recommends allowing us to approach the lender on your behalf for this option. We can present the best case for agreeing to a deficiency waiver and ensure that the short sale specifies they agree to such terms. This will ensure you aren’t later sued for the difference between the mortgage value and the price the home sold for.

Deed in Lieu of Foreclosure

This foreclosure prevention is essentially a way for you to give the home back to the bank and walk away with little to no liability for the mortgage. Again, it will be crucial to provide a compelling argument to the lender to accept these terms. This is an ideal outcome because it usually means your credit report won’t be negatively impacted.

Emergency Foreclosure Representation

It’s not uncommon for homeowners nearing the end of the foreclosure process to find out that there still are avenues for stopping the proceedings. Ways that a Florida attorney can prove invaluable in this scenario include:

Filing Bankruptcy

While a Florida bankruptcy only pauses the foreclosure process, it can give you and your lawyer time to develop a strategy to reduce the impact on your finances and credit. The moment your attorney files your bankruptcy request with the court, an automatic stay immediately takes effect. It halts all collection actions against you by your mortgage lender and other creditors. However, it’s still possible for your bank to petition the court to allow the foreclosure to continue, but that process will still take several weeks.

Filing Suit Against the Lender

If your lender attempts to foreclose on your home outside of court, you need a skilled defense attorney to file suit and challenge their actions. To successfully bring a lawsuit, your request must be based on a valid reason, including:

  • Prove the lender failed to follow Florida foreclosure law
  • Demonstrate the bank was not in compliance with mediation requirements
  • Show the lender lacks standing (cannot prove they own the debt)
  • Have evidence that the bank is guilty of “unclean hands” regarding your loan
  • Prove the lending company made an error related to your mortgage

Suing a lender to prevent or stop their taking your home is a challenging undertaking that requires specialized training in Florida real estate and foreclosure law. Attorney Marc Brown, P.A., has represented countless individuals in these situations when a bank has violated Florida foreclosure regulations.

Stop Your Florida Foreclosure–Speak with a Skilled Attorney

Before you give up hope about keeping your home, please speak with the reputable foreclosure lawyers at Marc Brown, P.A. For over a decade, our team has assisted South Florida individuals and families facing the stressful experience of being foreclosed upon. You don’t have to fight alone! Contact our office today to further discuss your case and set up a free consultation.