Florida Foreclosure Defense Lawyers

a Public service of Anderson & Brodersen, P.A.

Defending Against Mortgage Foreclosure

Many people don’t realize that that there may be legal remedies to their foreclosure problem. They feel that they danced the dance, and now they have to pay the piper. These people are being far too naive, and some of them are giving up important legal rights without understanding that they even have them.

Most homeowners can’t see beyond the fundamentals of their situation, and as a result, to the extent that they react to a foreclosure without competent legal representation, they end up shooting themselves in the foot nearly every time!

We fight Florida foreclosure cases. You should know your rights before you give up, capitulate or fall into the depths of despair. DO NOT MOVE OUT OF YOUR HOME until you’ve been advised by a competent attorney who is engaged in the defense of foreclosure cases.

Mortgage foreclosure defense is all about litigation, and the law of real property. We are real estate lawyers, and we are litigators. Some lawyers hate (or fear) going to Court. We love it! We enjoy vigorously defending the rights of the “little guy” against big corporations, and it’s in Court that your rights have to be vindicated.

If vigorously defended, foreclosures in Florida can take many months, or even years. While defending merely to seek further delay is clearly unethical for any attorney, it is not improper to hold the lender to their burden of proof, nor to assert every single defense to which you are entitled. If enforcing a borrower’s rights ends up buying time for the owner to negotiate a short sale, or perhaps even a loan modification, that is not a bad thing.

Only a qualified attorney, such as Anderson & Brodersen, P.A. can tell you if you have grounds for a possible defense to a mortgage foreclosure.

Mortgage Foreclosure Terminology

A Promissory Note is a written instrument executed as part of a mortgage transaction, which represents the actual debt between the borrower and the lender. The Note is a Negotiable Instrument, which can be passed to and enforced by third parties.

The Mortgage is an instrument which makes the underlying debt a lien on the property. The mortgage is recorded in the public records in the county where the property is located.

A Mortgage Foreclosure is a special court action to enforce a mortgage by declaring it in default, accelerating the debt, i.e., declaring the full outstanding amount (along with court costs and attorneys fees) due and payable immediately, and ordering a Sheriff’s Sale to auction the property, so that the sale proceeds can be applied to the debt.

A Deficiency Judgment can be sought by the lender against the borrower for any short-fall between the amount realized from the Sheriff’s Sale and the amount due. It requires a separate lawsuit, with additional filing and other costs, as well as attorneys’ fees. The debtor is often judgment-proof. Very few foreclosures result in a deficiency judgment being obtained against the homeowner. Nevertheless, lenders often use the threat of a Deficiency Judgment to get borrowers to agree to terms in the course of a short sale which they otherwise would not agree. You need to talk to an attorney about your situation before negotiating with your lender.

The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.