Florida Real Estate Attorney | Florida Foreclosure Attorney | Foreclosure Help

 Foreclosure Avoidance

                  If your lender or lien holder is threatening foreclosure, having a real estate attorney by your side can make a difference in saving or losing your home and credit rating. Be wary of companies that advertise services promising to save your home from foreclosure for an up-front fee. Unfortunately, many of these programs are scams that will cost you thousands and still result in the loss of your home. 

So, what's the difference between a Foreclosure Defense Attorney and a Short-Sale company? Apart from the fact that short-sale companies are not allowed to give legal advice, they cannot defend your foreclosure suit. Short-sales are not approved by most lenders, until you are least 90 days delinquent on your mortgage payments. But after 90 days of delinquency most lenders will refer your account to their attorney for foreclosure. This means that a foreclosure suit by the lender must inevitably be defended in court at the same time as negotiating an alternative to foreclosure with the lender. If you hire a short-sale company you may still have to hire an attorney to defend your lawsuit.

        A Foreclosure Defense Attorney, can analyze your case and situation and may be able to help you postpone or avoid a foreclosure judgment, giving you more time to refinance your mortgage or negotiate either a Short-sale or Deed in Lieu of Foreclosure with the lender. Should a real estate investor or short-sale company approach you regarding avoiding foreclosure, promising to make all your problems go away, you should consult a Foreclosure Defense Attorney before signing anything.

        Our Foreclosure Defense Attorney will communicate with your lender(s), real estate agent or broker and the title company. A lot of paperwork goes back and forth between all these parties.

        By being proactive prior to foreclosure on your home you can increase the chances of saving your credit report from being negatively affected. Do not wait until you have been served with foreclosure papers to contact a real estate attorney. It is a lot easier to avoid foreclosure by being proactive in the early stages of default rather than waiting until you have been served with foreclosure papers. Our services
include but are not limited to the following: 

                        - Loan Modifications
                        - Short Sales
  
                        - Deed-In-Lieu of Foreclosure
                        - Litigation for Damages from Straw Buyer and Foreclosure Avoidance Scams

 Foreclosure Defense          

        Most people do not consult with a Foreclosure Defense Attorney until they have been served with Foreclosure papers. If there is ever a time to consult with an attorney, it is now!

        Should I walk away from my home?

        Television and radio shows have covered this subject extensively since the real estate market crashed.  This desperate move is occurring all over the country, in a move many Americans see as their “last way out”. 
What these programs fail to mention is that the repercussions of walking away from your home, and its debt, vary tremendously by the state in which you live. 

        What can happen to you in Florida if you just “walk away” from your home?
Once you lose the home to the lender in a foreclosure action, it will be sold at auction. Once it is sold, the lender will try to recover their losses through a motion for deficiency judgment, which is usually granted through the foreclosure action. Your assets could be seized and your paycheck garnished to fulfill this deficiency. A deficiency judgment is valid for 20 years in Florida. 
        
        Most short sales and deed-in-lieus negotiated by a Foreclosure Defense Attorney will release you of any debt. Sometimes you may be required to bring something to the closing table. But if you do, compared to the debt, it will be pennies on the dollar.

        Please visit our interviews page for more information on Florida Foreclosure Defense & Avoidance Law.

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