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Orlando Foreclosure Defense Attorney

foreclosure-defense.jpgBuying a house or condo can be exciting. You put time and money into making it a home. Then, your finances take a hit. Hiring an Orlando foreclosure defense lawyer might be necessary if you cannot make your mortgage payments and stay caught up.

Keeping your home and protecting your rights requires dependable legal assistance. Florida Law Advisers, P.A., can represent you during the complicated foreclosure process. You need trustworthy legal representation to confront your financial struggles or pending foreclosure and pursue the best outcome.

Call or contact us online for a free consultation with an Orlando foreclosure defense attorney to get started.

What Are the Florida Foreclosure Laws?

The foreclosure process in Florida is judicial, which means the lender must get court approval before proceeding with a foreclosure sale. Typically, a foreclosure cannot officially begin until a borrower is more than 120 days late on their mortgage payments.

How Long Is the Foreclosure Process?

Depending on multiple factors, the foreclosure process can take a few months to a year. If you object to foreclosure, it can extend the process. An Orlando foreclosure defense attorney can review your case and explain the timeline.

What Is an Emergency Bankruptcy Filing to Stop Foreclosure?

An emergency bankruptcy filing allows a debtor to immediately stop a creditor from collecting on a debt. Because completing and filing all the necessary paperwork for a formal bankruptcy can take several days, an emergency bankruptcy filing allows a debtor at risk of losing their home to obtain the protection of an automatic stay quickly. However, additional documentation must be provided promptly after the emergency bankruptcy filing; otherwise, the bankruptcy petition might be dismissed.

Contact an Orlando foreclosure lawyer immediately if you believe you must file an emergency bankruptcy to stop foreclosure.

How Long Will Chapter 13 Delay Foreclosure?

You can file Chapter 13 bankruptcy to stop foreclosure indefinitely. It is beneficial because it lets you remain in your home while creating a plan to restructure and repay your debts. You and the creditor must agree to a specific repayment plan for three to five years. By choosing this option, you get more time to pay what you owe without the foreclosure process going any further.

People who file for Chapter 13 typically pay less than their total debt. You can settle with the creditor for a lower amount and make smaller monthly payments you can afford. Chapter 13 bankruptcy can also eliminate other unsecured debts to wipe the slate clean so you can rebuild your financial standing.

Can You Stop a Foreclosure Once It Starts?

Yes. Multiple options are available to delay or stop the Florida foreclosure process. You should consult a foreclosure defense lawyer to determine which suits your needs.

What is the Florida Foreclosure Procedure?

If you default on your mortgage payments, the lender could initiate the judicial foreclosure process. The following steps may take place during the Florida foreclosure procedure:

  • The lender files a lawsuit requesting the court to approve the foreclosure.
  • You must respond by filing an answer with the court within a few days.
  • If you fail to respond to the lawsuit, the lender will likely request and receive a default judgment, which allows it to hold a foreclosure sale.
  • If you file an answer and the case moves forward, the lender might file a motion for summary judgment, asking the court to grant judgment in its favor if there is no dispute over material facts in the case.
  • If the court approves summary judgment for the lender, the lender can sell your home at auction.

Under Florida law, the lender must publish a notice of foreclosure sale in the newspaper weekly for two consecutive weeks. Furthermore, Florida law says the foreclosure sale must occur 20 to 35 days after the judgment date, and the auction must be open to the public.

Remember that the lender might get a deficiency judgment against you if the lender is the highest bidder, but the winning bid is less than the debt you owe on the home. If a third party is the highest bidder, you will have 10 days to file an objection to the sale. The court clerk will issue a certificate of title to the purchaser if no one objects to the sale.

Reinstate the Loan

Borrowers don’t have a legal right to reinstate their loan before a foreclosure sale under state law. However, many mortgages allow borrowers to cure the default after acceleration and reinstate the loan. You should review your mortgage to determine if reinstatement is an option and the deadline for completing the process. Some lenders also allow reinstatement. If you want to reinstate your loan, you can contact your loan servicer to discuss the options they provide.

Redeem the Home Before the Sale

You can redeem the property before the sale to stop foreclosure proceedings. Redeeming means paying off the total amount owed on the mortgage before the scheduled auction. Foreclosed borrowers might also receive a redemption period from the state after the sale to buy back their home. The law allows a borrower to redeem their property before the time in the foreclosure decree, judgment, or order, or before the clerk files the certificate of sale, whichever occurs later.

File for Bankruptcy

You should consider bankruptcy if you face a pending foreclosure. You can prevent the auction from happening by filing for bankruptcy. The automatic stay will go into effect immediately after you file, prohibiting additional collection actions and foreclosing on your home.

How Our Orlando Lawyers Help with Foreclosure

Facing foreclosure can be stressful and overwhelming, especially if you are unsure of your legal options. Luckily, you don’t have to navigate this complex procedure alone. The knowledgeable attorneys at Florida Law Advisers, P.A., have the experience, resources, and skills to guide you through the foreclosure process and advocate for your legal rights.

We can explain the foreclosure laws that apply to your case and help you pursue a solution to delay or stop the foreclosure of your home. Our attorneys know state foreclosure law and procedure and can craft a legal strategy to protect your rights. We will fight for you to keep your home and prevent the lender from coming after you for your unpaid debt.

At Florida Law Advisers, P.A., we know how to fight foreclosure and win. You don’t have to face this challenging time alone. Our compassionate Orlando foreclosure attorneys can help you pursue the best outcome in your case. For a FREE Consultation, Call 1(800) 990-7763

What Happens to Equity in Foreclosure?

If your home sells at a foreclosure sale for more than what you owe on the property, you may get to keep the excess proceeds depending on the circumstances. Generally, these surplus funds belong to you, not the lender. However, claiming the extra funds from a foreclosure can be complex and time-consuming. For this reason, it is crucial to work with an Orlando foreclosure defense attorney who understands Florida foreclosure law and can help you pursue any excess proceeds you are owed.

What Happens to Equity in Foreclosure?
What Are My Options If I Am Facing Foreclosure in Orlando?
What Are My Options If I Am Facing Foreclosure in Orlando?

You can stop a lender from foreclosing on your home by pursuing one of the following options.

How to Stop a Foreclosure Auction Immediately
How to Stop a Foreclosure Auction Immediately

Filing for bankruptcy will immediately stop a foreclosure sale. You should consider this option if the auction is supposed to happen within a day or two.

The court will issue an automatic stay, preventing the foreclosure process from continuing. The stay is an injunction against the bank or lender that prohibits them from making efforts to obtain the money you owe and foreclosing on your home.

However, the mortgage lender might file a motion to lift the automatic stay. If the court grants the request, the foreclosure can proceed, though it might be delayed. You should hire an Orlando foreclosure defense attorney to help you pursue your legal options should the mortgage lender file a motion to lift the automatic stay.

What Is Loss Mitigation in Foreclosure?
What Is Loss Mitigation in Foreclosure?

Loss mitigation is a loan servicer’s obligation to reduce or mitigate the loan owner’s losses from the borrower defaulting on their loan. Loss mitigation aims to benefit the investor due to the costs they incur during foreclosure. However, the borrower can also benefit from loss mitigation. Staying in the home could be possible through loan modification, a repayment plan, a forbearance agreement, or other loss mitigation options.

What Is the Statute of Limitations for Mortgage Foreclosure?
What Is the Statute of Limitations for Mortgage Foreclosure?

In Florida, the statute of limitations generally gives a lender five years from the date of default to file a lawsuit requesting foreclosure approval. Determining the default date can be tricky, so speaking to a Florida foreclosure lawyer is crucial to decide how long the lender has to file a suit.

Contact an Orlando Foreclosure Defense Attorney Today

If you are facing an impending foreclosure in Orlando, contact a foreclosure defense lawyer at Florida Law Advisers, P.A., today. We could help you stop or delay the sale of your home. Our foreclosure law firm has the experience and knowledge to guide you through this difficult time.

Call or contact us online for a free consultation with an Orlando bankruptcy attorney.

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Tampa, Florida
Florida Law Advisers, P.A.

Tampa, Florida
1120 E Kennedy Blvd, Unit 231
Tampa, FL 33602
Phone: (800) 990-7763

Orlando, Florida
Tampa, Florida
Florida Law Advisers, P.A.

Orlando, Florida
111 N Orange Ave, Suite 800
Orlando, FL 32801
Phone: (800) 990-7763

Dade City, Florida
Tampa, Florida
Florida Law Advisers, P.A.

Dade City, Florida
38100 Meridian Ave
Dade City, FL 33525
Phone: (800) 990-7763