Tamarac Foreclosure Defense Attorney
While facing large amounts of debt and constantly being contacted by creditors can be intimidating, frustrating, and stressful, there are few things more worrisome than the prospect of foreclosure. If you have fallen behind on your mortgage payments–and certainly if you have received a notice of foreclosure from the bank–you need to act quickly. Working with a skilled Tamarac foreclosure defense attorney may be the solution – call The Law Offices of Barry S. Mittelberg, P.A. today to learn more.
Defenses to Foreclosure (And Other Options)
If you’ve been served a notice of foreclosure, there may be options for avoiding the foreclosure available to you, including defenses to foreclosure. These include:
- Modifying your mortgage. One of the most effective ways to avoid a foreclosure is to seek a mortgage modification, which refers to an agreement with the bank where the terms of your mortgage are modified. This might mean a change in the loan’s interest rate, a reduction in principal, a reduction in monthly payments, or even forbearance, where you stop making payments for a period of time.
- Failure to follow procedures. If modifying a loan is unsuccessful, you may be able to defend yourself from foreclosure by claiming that the foreclosing party failed to follow the rules and regulations for foreclosing on your home. In Florida, there are very specific rules that must be followed.
- A mistake has been made/the lender lacks standing. While less common, it may be possible to prove that the lender does not have the authority to close on the loan, referred to as not having standing, because it can’t prove that it owns the loan. Another potential option is to present evidence that the foreclosure is in error based on the lender’s serious mistake, such as crediting your payments to the incorrect party or imposing unauthorized fees.
In addition to the above, filing for bankruptcy may be an option. Filing for bankruptcy initiates the automatic stay, which immediately prevents creditors from acting against you. What’s more, in some bankruptcies, including Chapter 13 bankruptcies, debtors are often allowed to keep their homes.
How a Tamarac Foreclosure Defense Lawyer Can Help
The idea of losing your home can be extremely stressful and depressing. If you are struggling with debt and have been served a notice of foreclosure from the bank, do not give up hope – there may be options available for you. Your Tamarac foreclosure defense attorney can help you to understand your legal rights and options, build your defense, and protect yourself against foreclosure. A foreclosure defense attorney is highly skilled in foreclosure cases and knows what steps to take to improve your chances of keeping your home.
At The Law Offices of Barry S. Mittelberg, P.A., our Tamarac foreclosure defense lawyer is here to serve you. Please call us today or send us a message to schedule a consultation and learn more.