Under Florida foreclosure law, all mortgage foreclosure cases are to be conducted in a court of equity. Courts of equity are authorized to apply principles of equity (fairness), as opposed to just a legal Florida foreclosure defense. Therefore, the judge can consider acts by the bank that would render the foreclosure unfair. To lean more about the possible defenses to foreclosure contact a Tampa foreclosure defense lawyer for assistance.
Unclean Hands as a Florida Foreclosure Defense
One of many potential ways to save a home is with the Florida foreclosure defense of unclean hands. Florida case law stands for the proposition that a foreclosure action must be denied if the mortgage company comes to the court with unclean hands. See Federal Savings and Loan v. Robert Smith. Further, when there are substantial facts in a case that establish the mortgage company has tortuously interfered with enforcing the loan the bank’s demand for foreclosure should be denied.
Homeowners should be cautious when trying to prevent a foreclosure based on an unclean hands defense. Proving unclean hands can be difficult without the requisite legal training and experience. If you think your lender has come to the court with unclean hands you should contact a Florida foreclosure defense attorney in Tampa for assistance.
Proving Unclean Hands
In order to establish unclean hands as a Florida foreclosure defense, the homeowner must show either a fraudulent or illegal transaction or any unrighteous, unconscious, or oppressive conduct by the mortgage company. See Epstein v. Epstein. Moreover, to sustain a defense of unclean hands, the homeowner must be able to show a detriment to them by action of the lender, not just some alleged improper conduct. Additionally, for unclean hands to be a defense to foreclosure the conduct in question must be connected with the failure to make mortgage payments. See Marin v. Seven of Five Ltd.
Florida Foreclosure Trial
Florida foreclosure cases are conducted without a jury. The homeowner will have to persuade the judge that the defense of Florida foreclosure defense of unclean hands is valid and sufficient to warrant a judgment in their favor. Judges are typically a lot less likely to be persuaded by principles of fairness than a jury would be. You should seek the counsel of a foreclosure defense attorney in Tampa for assistance with mounting a strong legal defense.
Tampa Foreclosure Defense Law Firm
If your mortgage company is threatening a foreclosure contact Florida Law Advisers to speak with a Florida foreclosure defense lawyer in Tampa. The foreclosure defense attorneys at our firm have years of experienced in this area and provide aggressive legal representation. Whether you want to keep your home or walk away without being responsible for the debt, we can help. Our initial consultation is free and we offer flexible payment options to all of our clients. To speak with a Tampa foreclosure defense lawyer call us today at 800 990 7763.