What types of defenses are available to me?
I apply many defenses in foreclosure actions. Never attempt to represent yourself in a foreclosure law suit, you should only hire an experienced attorney that is well equipped and has years of experience at the trial and appellate court levels to handle your foreclosure action. A few of the defenses I utilize are as follows:
A) Failure of the Lender/Bank to prove their standing to file and maintain their foreclosure action;
B) Failure of the Lender/Bank to comply with conditions precedent of the mortgage;
C) Failure of the Lender/Bank to conduct a face to face interview on an FHA loan pursuant to 24 Code of Federal Regulations§ 203.604;
D) Unclean hands on behalf of the Lender/Bank/Servicer;
E) Improper verification of the Lender/Bank’s foreclosure complaint;
F) Statute of Limitations;
G) Improper pleading of the complaint pursuant to Florida law;
H) Res Judicata;
I) Accord and Satisfaction;
J) Novation; and
K) Failure of the Lender/Bank to properly pay documentary stamps and intangible tax on the note.
At trial. there are a plethora of other tactics I employ as the bank attempts to prove their case in court. These include evidentiary objections and my intuitive thinking based upon 24 years of experience in real property litigation and real property transactional work. We take advantage of the Florida Rules of Evidence which provide many ways to prevent key pieces of evidence from being introduced on the Lender/Bank’s behalf.
This could prevent key pieces of evidence needed to prove the Lender/ Bank’s case. I have defeated the Lender/Bank based upon my in-depth knowledge of the Florida Rules of Evidence, the Florida Rules of Civil Procedure, Florida statutory law, Florida case law, and my sixth sense and ability to maneuver in the court room during trial.
See our web site at JKLawFL.com which talks about all of the above mentioned defenses and rules of evidence .
I have handled close to l 00 appeals in the area of foreclosure defense. If we lose at trial court level we recommend having an appellate court review your case to see if the trial court made any errors in the determination of your legal rights. I have successfully argued before the District Courts of Appeals in Florida for my client’s rights and won. We actually made headway in new areas of the law within foreclosure defense. I am pleased to see that Florida District Courts of Appeals are open to listen to new arguments in the area of foreclosure defense.
Do I qualify for a loan modification?
You may qualify for a loan modification . This will be determined based upon your income, the amount you owe on your home, and your monthly living expenses . A modification could benefit you by lowering your interest rate, lowering the principal amount of your loan, or a partial forgiveness of debt by the lender or bank that owns your loan.
Should I just do a short sale?
If you are living in the property and it is providing adequate shelter for you and your family, we do not recommend a short sale. We encourage you to defend the foreclosure action and at some point, after litigation has progressed, we can always revisit the need for a short sale and see if it is appropriate for your individual situation.
Will bankruptcy help me with my situation?
A Chapter 7 bankruptcy will not protect your real property unless you apply for a modification within the Chapter 7 filing . A Chapter 13 bankruptcy will protect your real property if your petition for bankruptcy is properly postured before the court. Bankruptcy is a last resort legal maneuver.
What should I do after I am served with a foreclosure complaint?
Please call me immediately! My office number is (954) 888-4646 and my cell is (954) 275-0356. You have only 20 days to respond to the complaint. We do not recommend for one moment, that you attempt to represent yourself. Please contact us as our fees are very affordable.
