Florida is a judicial foreclosure state. Therefore, the bank must go to court and receive court approval before foreclosing on a home located in Florida. Thus, a homeowner will have the opportunity to stop foreclosure in Florida by challenging the bank’s case. Not all states are judicial states, only 22 states require a judicial foreclosure process. There are many defenses that may be applicable to stop foreclosure in Florida, including procedural failures by the bank and substantive legal defenses. Homeowners facing foreclosure should contact a Tampa foreclosure lawyer for legal advice right away. Failure to timely raise defenses in a foreclosure case may result in a homeowner waiving their right to stop foreclosure in Florida with affirmative defenses.
Stop Foreclosure in Florida Due to Violations of the Florida Consumer Collection Practices Act
The Florida Consumer Collection Practices Act (the Act) is intended to prevent both debt collectors and creditors from using certain types of abusive, deceptive, and misleading debt collection tactics. The Act applies to any person or debt collector (including servicers and banks collecting a mortgage loan). See http://scholar.google.com/scholar_case?case=3281305425581870530&q=145+So.3d+906+&hl=en&as_sdt=40006 Gann v. Bank of America. If you can prove your lender is subject to the Act, you may be able to stop the foreclosure. Additionally, you may be able to sue your lender for violations of the Act. However, this area of the law is constantly evolving and can be very complex. If you need assistance it is highly recommended to retain a Tampa foreclosure lawyer to assist you in these matters.
Stop Foreclosure in Florida for Failure to Notify of a Transfer
A common mistake mortgage lenders make is failing to properly advise homeowners that the mortgage loan has been transferred. Mortgages are frequently sold and transferred to other financial institutions. Under the Act, notice must be provided to the homeowner each and every time the mortgage is transferred. Under Florida Statute 559.715, the new mortgage company must give the homeowner written notice of the assignment “as soon as practical after the assignment is made.” Additionally, the notice of assignment must be sent at least 30 days prior to any action to collect the debt. Failure to timely provide the requisite notice, may stop an ongoing foreclosure in Florida.
Stop Foreclosure in Florida & Sue the Bank
Another part of the Act prohibits creditors from attempting to enforce a debt when they know the debt is not legitimate. See Florida Statute 559.72. If the homeowner can prove a violation of the law, the bank will be liable for the damages the homeowner suffered as a result of the violation. Additionally, the bank may be liable for $1,000 in statutory damages above and beyond the damages to the homeowner. Further, the bank may even be held responsible for reimbursing the homeowner for any attorney fees they spent in bringing the lawsuit. Obviously, this section of the Act can also be used to stop foreclosure in Florida. If the debt is not legitimate, the bank should not be entitled to foreclose.
Foreclosure Defense Lawyer in Tampa
If your mortgage company is threatening you with foreclosure contact Florida Law Advisers to speak with a foreclosure defense lawyer in Tampa. 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 without liability, we 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 in Tampa call us today at 800 990 7763