HOA Foreclosure

High student loans, housing costs, and medical expenses have caused many Americans to struggle financially. Luckily, there are options to help alleviate the burden and get a fresh start. Many of the options available to consumers will even stop a HOA foreclosure sale and allow you to keep the home. If you are considering relief through bankruptcy or facing the possibility of foreclosure, it is important to speak with an experienced bankruptcy attorney to determine the best course action for you. To schedule a free consultation with a bankruptcy attorney in Tampa call us at 800 990 7763.

FLORIDA FORECLOSURE PROCESS

Typically, if a homeowner is behind on their mortgage payment for 90 days the lender will file for foreclosure in Court. Florida is a judicial foreclosure state, that means the bank must go to court and receive approval from a judge before foreclosing on a home located in Florida. See Florida Statute 702.01. The court process can move quickly if action is not taken to prevent the foreclosure. If foreclosure proceedings have begun, contact a foreclosure defense attorney right away. There may be legal defenses that can be used to prevent the foreclosure of your home. Additionally, there may be other options available, such as deed in lieu of foreclosure, loan modification, or short sale. For more information about each of these options contact a foreclosure defense lawyer in your area.

FORECLOSURE FILED BY THE HOMEOWNERS ASSOCIATION 

Banks are not the only institutions that seek to foreclose on homes in Florida. Thousands of foreclosure cases are filed by homeowner’s associations in Florida each year. HOA’s are very aggressive in filing for foreclosure, in many cases seeking foreclosure when the homeowner is only a few dollars behind on their assessments. Further, it is not uncommon to have a balance of only $100 increase to over $5,000 after the HOA adds their late fees, interest, and attorney fees. Fortunately, there are options that can help prevent an HOA foreclosure sale.

Similar to banks, the HOA will need to file a foreclosure case in court and receive approval from a judge before the home is foreclosed. See Florida Statute 720.3085. During the court process, the homeowner will have an opportunity to raise defenses and challenge the foreclosure. To learn more about the possible legal defenses to foreclosure by an HOA contact a Tampa foreclosure defense lawyer in your area.

STOPPING AN HOA FORECLOSURE WITH CHAPTER 13 BANKRUPTCY

Additionally, filing for Chapter 13 bankruptcy can help stop a foreclosure filed by either an HOA or mortgage lender. A Chapter 13 bankruptcy filing could allow you to avoid foreclosure all together by working out a repayment plan over a span of three to five (3-5) years for the arrearage, otherwise known as back-due payments.  Essentially, the homeowner will have a 60-month loan to repay the back-due HOA fees. In mortgage foreclosure cases, the homeowner may be able to modify the loan to reduce the balance, lower the interest rate, and extend the term for repayment. For more information about a specific case or payment plan contact a bankruptcy lawyer to schedule a consultation

Tampa Bankruptcy and Foreclosure Defense Law Firm:

If you are thinking about filing for bankruptcy or are being threatened with foreclosure contact Florida Law Advisers, P.A. Our bankruptcy attorneys in Tampa are experienced in both bankruptcy and foreclosure defense. Every foreclosure and bankruptcy case is different, and our vast experience allows us to cater our services to each client’s individual needs. All of our initial consultations are free and convenient payment plans are always available. Regardless, if you need help with Chapter 13, Chapter 7, or foreclosure defense our professional legal team will provide you with competent legal advice you can trust. Call us now at 800 990 7763 to speak with a lawyer, we are available to answer your calls 24/7.<

HOA Foreclosure in Florida

Homeowners are often surprised to learn that their homeowners’ association may be able to foreclose on their home. HOA’s may be able to seek foreclosure in Florida for missed payments, failure to maintain property, and other conditions set forth in the Association’s declarations and by-laws.  In many instances, an HOA foreclosure in Florida will even involve homes with no mortgage or other liens. Fortunately, there are ways to fight back against an HOA foreclosure in Florida. If you are being threatened with an HOA foreclosure in Florida contact a foreclosure defense lawyer for assistance.

HOA Foreclosure in Florida

Florida is a judicial foreclosure state, that means a party seeking to foreclose a home must go to court and receive approval from a judge before a home is sold at a foreclosure action. This includes not just banks, homeowners’ associations must also go through the court process before foreclosing on a home located in Florida. Unfortunately, many HOA’s are very aggressive and will seek foreclosure if a homeowner fails to pay the HOA dues and assessments. In fact, many HOA cases stem from balances due of less than $100. Homeowners facing an HOA foreclosure in Florida should contact a Tampa bankruptcy attorney for assistance. Bankruptcy can potentially provide additional options to stop the foreclosure and help keep your home.

The Automatic Stay

When a debtor (borrower) files for bankruptcy an automatic stay is put in place as soon as the Chapter 7 or Chapter 13 bankruptcy is filed. See bankruptcy law 11 U.S. Code § 362.   The automatic stay requires all collection activity against the debtor to stop immediately, including a foreclosure sale that has already been scheduled. For more information on the automatic stay click here.

Chapter 13 Payment Plan

A Chapter 13 bankruptcy filing could allow you to avoid foreclosure all together by working out a repayment plan over a span of three to five (3-5) years for the arrearage, otherwise known as back-due payments.  Essentially, the homeowner will have a 60-month loan to repay the back-due HOA fees. Most of the time, the interest rate applied to these types of payment plans is around 6%.  For more information about a specific case or payment plan contact a bankruptcy lawyer in your area to schedule a consultation.

Lien Stripping

Under Chapter 13 bankruptcy law, junior liens (including mortgages or a homeowner’s association liens) can be stripped, or removed from homestead property. If the lien is stripped down to the market value, the remaining balance of the debt will be treated as an unsecured debt in bankruptcy. Unsecured creditors typically receive nothing or only a small amount of the balance before being discharged.  Further, after the discharge is granted in your bankruptcy case the lien holder (HOA) will be required to remove the lien from the property. For more information on why the discharge is so important, click here.

Bankruptcy and Foreclosure Defense Law Firm:
If you are thinking about filing for bankruptcy or are being threatened with foreclosure contact Florida Law Advisers, P.A. Our bankruptcy attorneys in Tampa are experienced in both bankruptcy and foreclosure defense. Every foreclosure and bankruptcy case is different, and our vast experience allows us to cater our services to each client’s individual needs. All of our initial consultations are free and convenient payment plans are always available. Regardless, if you need help with Chapter 13, Chapter 7, or foreclosure defense our professional legal team will provide you with competent legal advice you can trust. Call us now at 800 990 7763 to speak with a lawyer, we are available to answer your calls 24/7.

how to cancel a foreclosure sale in Florida

Florida is a judicial foreclosure state, which means a bank or homeowners’ association must receive court approval before foreclosing on a home located in Florida. The bank or HOA must file a petition for foreclosure in the circuit court where the property is located and serve the homeowner with a copy of the foreclosure petition. While the foreclosure case is proceeding in the court system, the homeowner will have a right to raise legal defenses to the foreclosure. If the foreclosure sale of your home has already been scheduled, you should contact a foreclosure defense attorney in Tampa right away for advice on how to cancel a foreclosure sale in Florida. There may be legal defenses to the foreclosure and options to modify your loan, which will allow you to keep the home and stop the sale.

How to Cancel a Foreclosure Sale in Florida With a Motion to Cancel

If the foreclosure sale has already been scheduled it is important to seek assistance from a Tampa foreclosure defense lawyer right away. To stop a foreclosure sale there must be an order from the Judge cancelling the sale; otherwise, the sale will move forward as planned. Under Florida foreclosure law, the homeowner must prove one or more adequate equitable factors exist in order to successfully obtain an order that cancels a judicial foreclosure sale. See Florida foreclosure case Chase v. Arsali. A foreclosure defense attorney in Tampa should be able to point out which equitable factors may be helpful if you need to know how to cancel a foreclosure sale in Florida.

How to Cancel a Foreclosure Sale in Florida That Has Already Occurred

If you did not hire an attorney for assistance with how to cancel a foreclosure sale in Florida, you may be able to void a sale that already occurred. When foreclosing on a home, the lender must follow the strict procedures proscribed under Florida foreclosure law. See FL Statute 45.031. If the lender did not follow the proper procedures in preparing for and noticing of the sale there may be legal grounds to have the sale vacated/ cancelled. However, even if the bank fully complied with the requisite procedures the sale may still be overturned if there was a material irregularity in the sale process. See UM Publishing v. Home News Publishing. Regardless, it is still recommended to try and cancel the sale before it occurs. If you wait until after the sale occurs, you may lose options you would have otherwise had to keep the home.

How to Cancel a Foreclosure Sale in Florida With Bankruptcy

One of the most common solutions for people seeking how to cancel a foreclosure sale in Florida is to file bankruptcy. Immediately after a homeowner files for bankruptcy an automatic stay will go into effect. See 11 USC 362. The stay requires all collection activity against you to stop immediately, including a scheduled foreclosure sale. Creditors and collection agencies will not be able to contact you, garnish your wages, or repossess your property while the automatic stay is in effect.  Additionally, in Chapter 13 you can force the bank to modify your mortgage. If your mortgage is modified you wont have to worry about how to cancel a foreclosure sale in Florida any longer.

Foreclosure Defense Law Firm in Tampa

If you are at the risk of losing your home to foreclosure contact us to speak with a foreclosure defense attorney for information on how to cancel a foreclosure sale in Florida. Homeowners have many options when it comes to fighting foreclosure, and we want to make sure our clients choose the best strategic plan for their family. Whether you want to keep your home and prevent foreclosure, or walk away from your home without being responsible for any of the debt, Florida Law Advisers, P.A. can help. Our initial consultation is free and we offer flexible payment options to all of our clients. To speak with a foreclosure defense lawyer in Tampa call us today at 800 990 7763.

stop a mortgage deficiency in Florida

When a mortgage loan is taken out, typically two documents are signed, a promissory note and a security agreement (mortgage). The promissory note ensures the repayment of the loan while the security agreement essentially provides the home will act as collateral for the loan. Often, after a foreclosure auction in Florida, there will not be enough funds from the sale to pay the loan in full. In cases such as these, the bank may then try to sue the homeowner for the remaining balance (deficiency) based on the promissory note. Fortunately, there are ways to stop a mortgage deficiency in Florida. If you are at risk of foreclosure or if the home has already been foreclosed, contact a foreclosure defense lawyer in Tampa for assistance with how to stop a mortgage deficiency in Florida.

What is a Mortgage Deficiency in Florida?

A mortgage deficiency arises when the foreclosure auction does not yield a price high enough to cover the mortgage loan balance. For example, if a bank foreclosed on a home due to a $150,000 debt, but the home only sells for $95,000, the bank is still owed $55,000. Because the highest bid did not cover the full mortgage balance due, the remaining $55,000 is called the deficiency. The lender can then potentially sue the borrower for the deficiency. See Florida Statute 702.06. This is one of the many reasons why if you are facing foreclosure you should seek the advice of a foreclosure defense lawyer in Tampa.

How to Stop a Mortgage Deficiency in Florida

There are potentially a few options for homeowners who need to stop a mortgage deficiency in Florida.  For instance, a homeowner can engage in a short sale, deed in lieu of foreclosure, loan modification, negotiate settlement with the bank, or file for bankruptcy. Each of these options come with their own unique set of requirements and potential disadvantages. For more information on each of these options contact a Tampa foreclosure defense lawyer for legal advice.

How to Stop a Mortgage Deficiency in Florida with Bankruptcy

For some homeowners, bankruptcy is the best solution to stop a mortgage deficiency in Florida. Under Bankruptcy law, a discharge will void a judgment, “to the extent that it is a determination of the personal liability of the debtor. If a debt is discharged in bankruptcy the borrower (debtor) will be released from all liability on the debt. The discharge is a permanent court order releasing the borrower from the responsibility of having to pay the debt. Further, the discharge prohibits a creditor from taking any collection action against the borrower. Therefore, the discharge will prevent and stop a mortgage deficiency in Florida.

Bankruptcy law 11 U.S.C. 524(a) precludes creditors from trying to hold the debtor personally liable for a discharged debt. For instance, threatening to garnish wages, sue the debtor, and garnish bank accounts will all be a violation of debt collection laws. A willful violation of the ban on collection activity can lead to sanctions being imposed on the creditor. These sanctions can include an injunction, monetary sanctions, reimbursement of funds paid by the debtor, and even punitive damages. Additionally, the creditor may be responsible for reimbursing a debtor for the money spent on an attorney to stop the collection action. See bankruptcy case In Re All Media Properties

Foreclosure Defense Law Firm in Tampa

Bankruptcy is not the only way to stop a mortgage deficiency in Florida. At Florida Law Advisers, P.A., our foreclosure defense attorneys can fight the foreclosure and legally challenge the lender’s right to foreclose on your home.  Our experienced legal team will scrutinize every aspect of your mortgage to find any potential evidence we can use against the lender. We will dedicate all of our legal knowledge and skills in the courtroom to help prevent the foreclosure and keep you in your home.

The right course of action to stop a mortgage deficiency in Florida will depend on the unique circumstances of your case. To see which options may be available to you, contact us to today to schedule a free, confidential consultation with a Tampa foreclosure defense attorney at our firm. During the consultation, an experienced foreclosure defense and Tampa bankruptcy attorney will carefully review the facts of your case and help you choose a course of action that is best for your individual needs. Call us at 800 990 7763, we are available 24 hours a day, 7 days a week.

 

default divorce in Florida

After being named as the defendant (party being sued) by the plaintiff (party suing), the defendant has 20 calendar days (weekends included) to respond to the summons. See Florida Rules of Civil Procedure. The summons serves to notify the defendant they are being sued and need to defend themselves to the court. There are two types of default that may be entered, Clerk’s Default or Judicial Default. Failure by the defendant to respond within 20 days may result in a clerk or judicial default judgment being entered against them. Therefore, you may be able move forward with a default divorce in Florida if the other party does not respond timely to the divorce case. For assistance with a default divorce in Florida contact a Tampa divorce lawyer.

How to Overturn a Default Divorce in Florida

After default has been entered, judicial or clerk, it is possible to have the default set aside. See Federal Rule of Civil Procedure. However, the requirements to set aside a default can be very difficult to satisfy without the assistance of skilled Tampa divorce lawyer. Further, each case is different and the facts of each case play an important role in determining if a default can be set aside.  Therefore, you should consult with a divorce attorney in Tampa for more information about your specific case.

Generally, Florida divorce law requires three elements be shown in order to set aside default judgment; excusable neglect, meritorious defense, and due diligence. Failure by the defendant (person the default was entered against) to prove all of these elements will result in the default being upheld. See Schwartz v. Business Cards Tomorrow, Inc. If the default is not vacated, the defendant will be treated by the law as admitting all of the plaintiff’s allegations and be barred from raising defenses to the lawsuit.

How to Overturn a Default Divorce in Florida With Excusable Neglect

In order to successfully have a default set aside, a defendant must first show there was excusable neglect. Excusable neglect means there was a legitimate reason for the failure to answer the summons within the 20-day timeframe. Lack of knowledge of the law or rules is not excusable neglect. Common examples of excusable neglect include a major life emergency, hospital stay, or an illness or psychological condition if the condition clearly interfered with the defendant’s ability to answer the summons on time. See Elliot v. Aurora Loan Services.

How to Overturn a Default Divorce in Florida With a Meritorious Defense

The second requirement to overturn a default divorce in Florida is to properly allege a meritorious defense. In order for the defense to meet the requirement it must be made in a pleading or affidavit. See Yelvington Transport, Inc. v. Hersman. For assistance with drafting a formal pleading or affidavit for your meritorious defense contact a divorce attorney in Tampa for legal counsel.

How to Overturn a Default Divorce in Florida With Due Diligence

Lastly, in order to have default divorce in Florida set aside, a defendant must show they used due diligence in responding quickly when they learned default had been entered. Again, because there is no bright line rule for determining if default may be set aside, the facts of each case play an important role. For this reason, it is important to consult an experienced attorney.

Limitations for a Default Divorce in Florida

A default divorce in Florida can be helpful but it may not resolve all the issues in your case. There are limitations on the type of relief you can receive in a default divorce in Florida. For more information about Florida divorce laws concerning a default divorce in Florida contact a Tampa divorce lawyer for assistance.

Tampa Divorce Law Firm

If you have been served with a lawsuit, such as a divorce petition or any other type of lawsuit contact Florida Law Advisers, a Tampa divorce law firm to speak with a divorce lawyer in Tampa. Every case is different, and our vast experience allows us to cater our services to each client’s individual situation. We offer a free initial consultation and flexible payment options. To speak with a Tampa divorce lawyer call us today at 800 990 7763, we are available to answer your call 24 hours a day, 7 days a week.