Homeowner’s Guide to Florida Foreclosure

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Homeowner’s Guide to Florida Foreclosure


Attorney Herbert L. Allen, Jr., P.A. provides foreclosure defense legal services. I have created a basic guide for homeowner’s behind on their mortgage payments, or facing serious financial problems. Located at 1360 S. Patrick Drive in Satellite Beach, Florida 32937, Herbert L. Allen, Jr. P.A. provides personal legal counsel. I answer my own telephone and offer a free initial consultation. Telephone: 321.779.1211.

Herbert L. Allen, Jr., P.A.
Attorney and Counselor at Law

More than Twenty-Five Years Civil Practice Experience

Free Initial Consultation • Payment Plans

1360 South Patrick Dr., Suite 1A • Satellite Beach, Florida 32937

Telephone: 321.779.1211

Homeowner’s Guide to Florida Foreclosure

Homeowner’s Guide to Foreclosure

I have listed a few items you should consider when your mortgage payments become a major burden. We may be able to work out some plan that may help you through a financial problem with your mortgage and other debts. Different facts call for careful legal analysis. Do not rely upon anything here as legal advice.

1. Open the Mail–Start Talking. Some people are reluctant to open their mail, because they think it will only be bad news about their debts and their mortgage. Some people pay their mortgage first, and then other bills second. If you know you will be late on payments, contact your lender and let them know about your situation.

2. Seek Legal Help Early. If you fall behind on payments, then think about obtaining government and legal assistance. The government has created programs like HAMP that Congress designed to help homeowner’s facing tough financial times. Learning about your legal options may help you to obtain a better solution to your mortgage problems.

3. Consider a Short Sale. If you owe more on your house than it is worth, or if you are having trouble making payments, or both, then we should talk about all of your legal options, including a short sale. Normally, the homeowner needs lender approval to have a short sale, because the home will be sold for less that is owed on the note. Therefore, the lender has to approve the sale. As an attorney, I have experience with short sales. As an attorney helping my clients with short sales, I strive to eliminate any payments or promises to pay from the homeowner to make the short sale happen. I cannot promise that the lender will approve the short sale and I cannot promise that you will not have to pay something to make the deal happen. But, I strive to protect your legal rights. Sometimes, a short sale will not work out.

4. Consider Bankruptcy Relief. If all of your debts are out of control, and you cannot make your monthly payments, then you should consider credit counseling. If credit counseling does not produce the desired results, and you simply do not have enough income because you lost your job or had other problems, then you should consider bankruptcy. The bankruptcy code provides for liquidation and payment plans, and imposes a means test upon consumers to determine which type of bankruptcy the consumer may file. In most cases, I try to find a less drastic way to solve financial problems than bankruptcy, but it was designed to provide powerful relief in some instances.

5. Do Not Just Walk Away from Your Home. In some instances, just walking away from your home may limit your options. You may be able to have a short sale, find a government program that works for you, or negotiate a settlement with your lender. If you walk away, typically the lender will foreclose the loan, sell your home, and then it may obtain a deficiency judgment against you for any money still owed to the lender after the sale. That judgment may be a real problem for you. I can help you review the situation and consider how legal help may benefit you. Talk before you walk.

6. When Served with a Foreclosure Summons,  I Recommend You Call an Attorney Immediately. Normally, a foreclosure lawsuit includes a summons. The summons informs the homeowner of a limited time to respond in writing and in court to a foreclosure lawsuit. You may defend the foreclosure case yourself, without an attorney. I recommend, however, that  you contact an attorney immediately. It will take time to draft a response to the lawsuit and to discuss your situation. It will also take time to analyze the foreclosure lawsuit and prepare appropriate defenses. In some cases, the mortgage itself states the borrower may assert defenses in the lawsuit. In all cases, the law itself provides defenses that apply to different foreclosure situations. Not all defenses apply to all cases.

7. Keep Seeking Relief. Just because the lender/servicing agent filed a foreclosure action, you may still have time to negotiate with your lender to try to save your home. In some instances, saving money may give you leverage to make a sizable lump-sum payment as part of a deal to resolve the foreclosure issues. Try another HAMP application, if appropriate, and be ready to submit all your paperwork more than once and update it as required. The HAMP process may be very trying and tedious. Do not give up.

8. Get Ready To Leave. In the end, nothing may save your home from foreclosure. In fact, sometimes it may be the best thing to let the home go, especially if you owe much more on it that it is worth. In some instances, you will have plenty of notice regarding the time you must move out of the house. In Brevard County, some foreclosure lawsuits are measured in months and years, not just a few days as some people may think. If you have a summary judgment hearing or a trial, then you should know that you may have to move out of the home in the future if you lose the summary judgment hearing or the trial. A bankruptcy option may allow you to stay in your home, but even then, you may have to make payments.

In my law practice, prayer helps. Call me and we can talk about your questions. I answer my own telephone at 321.779.1211. Free initial consultation.

Homeowner’s Guide to Florida Foreclosure

Federal Law Disclosure: I hereby disclose that my legal services include a bankruptcy practice. Therefore, pursuant to federal law, I disclose that my legal services include assistance which may involve bankruptcy relief under Title XI, U.S.C. and this law firm is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

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