Foreclosures and the concept of “underwater mortgages” have been an unfortunate reality in Florida for some time. But after 2006 however, that reality became an epidemic. At DEHGHANI LAW, P.A. we strive to blunt the force of that epidemic one home and needy client at a time. With our experience having prosecuted thousands of foreclosures on behalf of the largest banks in the world, we are in a unique position to fight those same banks on your behalf.
After first realizing that one is now facing a foreclosure, there is a tendency to assume that financial ruin is inevitable. Being served with a foreclosure complaint or notice of foreclosure is far from simple and can undoubtedly evoke the most complicated of feelings, especially when one is unaware of their own rights or uninformed as to their legal options. Even after a foreclosure lawsuit has been filed and a homeowner has been served, homeowners have options.
What is a Foreclosure?
A foreclosure is the process that the bank begins against a borrower when they are behind on their mortgage payments in an effort to take the borrower’s property. Florida is a judicial foreclosure state, and as such the foreclosure process must go through the court system. An experienced foreclosure defense attorney involved in the process can help the homeowner stay in the home and fight the foreclosure. Often foreclosures can take years.
The Steps of the Foreclosure Process
- The borrower defaults on their mortgage.
- A Lis Pendens is filed on behalf of the lender. This is a notice of pending litigation.
- The homeowner is served with a Summons and Complaint.
- The homeowner has 20 days to respond to the Complaint.
- If no response is filed by the homeowner within the required time, the lender may move for a default.
- A hearing may be held on the lender’s motion for summary final judgment (if filed). If granted, the judgment is entered and a sale date for the home is set.
- If summary judgment is not granted, a trial will be set.
- If applicable, a trial is had and if the bank is successful a final judgment is entered and a sale date is issued. If the homeowner prevails with the representation of an experienced foreclosure defense attorney, the Bank’s case is dismissed.
What Should I Do Next?
Call us today for a free, no obligation telephone consultation about your unique circumstances. We can discuss your rights, options and favorable strategies and ultimately decide what solutions may be available to you. No office visit is required. Call us today at 786-264-5278. We can help.