Real Estate
Foreclosure (Commercial and Residential)
Foreclosure is the formal judicial process of taking possession of a mortgaged property after a default has occurred. In Florida, an individual or entity seeking to take possession of a mortgaged property via foreclosure action must institute a foreclosure lawsuit against a homeowner/borrower in the county where the mortgaged property is located. Foreclosure actions can be instituted against a homeowner/borrower for many reasons, but the most common is a homeowner/borrower’s inability to make his or her monthly mortgage payments.
If you have already missed a mortgage payment, are at imminent risk of doing so, or have been served with a foreclosure summons and complaint, do NOT panic. You still have options to avoid a foreclosure judgment and public sale of your property. First and foremost, we recommend contacting a competent foreclosure defense attorney with proven results. There are many who hold themselves out as seasoned foreclosure defense attorneys but be cautious in your decision to retain. When interviewing a potential foreclosure defense attorney, be sure to inquire about attorney’s fees and costs, alternatives to avoid foreclosure, defenses to foreclosure, pace of litigation, possible outcomes, contested trial strategies, and the appellate process. Be sure your attorney can handle all aspects of your case from start to finish and explain the entire foreclosure process honestly and completely. Most importantly, make sure your defense attorney assesses your individual circumstance while accounting for all factors unique to your case and crafts a tailored plan of action to accomplish your desired objective.
Foreclosure Loss Mitigation
Foreclosure Loss Mitigation (Ways to Avoid Foreclosure)Again, do NOT panic if you are behind on your mortgage payments or have been served with foreclosure paperwork. We have a comprehensive defense strategy that will assist you in defending against a foreclosure judgment while pursuing all viable foreclosure alternatives.
In developing the right plan for avoiding a foreclosure judgment, the starting point is whether you want to keep your property or liquidate (surrender). If you wish to keep your property, at the onset we will pursue retention options including but not limited to: Reinstatement, Loan Modification, Short-Payoff (discounted payoff), and Full Payoff/Redemption. We employ a sophisticated analysis to help you decide whether you want to keep your property. Although many times a client desires to keep his or her property for sentimental reasons, sometimes such a decision could cause a client permanent financial ruin. That being said, we will review your individual financial condition, relevant market values, assessments, alternative loan terms, full performance terms, and other key factors to determine your best course of action.
Sometimes liquidation is the best course of action. If you wish to liquidate or surrender your property, we will pursue non-retention options including but not limited to: Deed in Lieu, Short Sale, Consent Judgment, and Bankruptcy.
HOA/Condo Association Defense
A HOA or Condo Association can file a foreclosure action against a property owner for multiple reasons. The most common reason in Florida is missed assessments. It is important to know that at all times interest, charges, and fees are likely accruing on your assessment balance so it is better to resolve your outstanding balance as soon as possible. If you have already missed an assessment, are at imminent risk of doing so, or have been served with a summons and complaint, do NOT panic. Although the Florida legislature authored statutes that are very friendly to both Association types, thereby affording the Associations the highest level of statutory protection, there are viable defenses and other options. We recommend contacting a competent HOA and/or Condo Association defense attorney with proven results to discuss your case and options.
HOA/Condo Association Loss Mitigation
Again, do NOT panic if you are behind on your assessment(s) or have been served with foreclosure paperwork. We have a comprehensive defense strategy that will assist you in defending against a HOA and/or Condo Association lawsuit and potential foreclosure judgment while pursuing all viable alternatives. The most common methods for avoiding a final judgment in favor of your HOA and/or Condo Association are: 1) Repayment Plan; 2) Debt Reduction; 3) Reinstatement/Redemption; and 4) Bankruptcy. In order to determine the best possible plan of action based on your individual circumstance, a consultation with an experienced HOA and Condo Association defense attorney is necessary.
