Bankruptcy is typically the last resort when a person is in dire financial straits. Nonetheless, a person who is at risk of losing his primary residence in a foreclosure action might consider filing bankruptcy to delay or stop the foreclosure. This strategy may have its merits, but it also has its detriments. If you are…
Getting a notice that your mortgage holder has decided to foreclose your mortgage can be distressing, to say the least. As you process the information, the questions can begin to swirl in your head: What will you do? Are you going to lose your home? What are your options? Fortunately for you, Jonathan Kline, P.A. is…
If your home is in foreclosure, you may want to consider exploring a short sale as part of your foreclosure defense. A short sale is a sale of the home for less money than what is currently owed; while it is not a foreclosure defense in the sense that it does not prevent you from losing…
A home foreclosure is a situation where a bank repossess a home whose owner has defaulted making loan payments for his mortgage. Home foreclosures in Florida are judicial, meaning that the plaintiff must file a lawsuit against you in a State Court. After the complaint, you have 20 days to file an answer. If you…
Purchasing a home is perhaps the largest and most important investment you will ever make, including those for college education and other similar purposes. Therefore, the prospect of losing the home you worked so hard to obtain, is often quite devastating. It does not have to be. There are ways to saved your home from foreclosure….
There are two major types of foreclosure: judicial and non-judicial. The process used is determined by each individual state. In Florida the judicial process is used. This is fortunate for homeowners because it means the lender must file a lawsuit against the homeowner in order to foreclose upon them, which is generally harder and more…
Mortgage lenders use every contractual and other opportunity that may be available to them to squeeze fees out of borrowers, including, in a majority of mortgage documents, a fee provision that lets a lender collect attorneys’ fees if it wins a foreclosure case but that prevents the borrower from collecting fees if the borrower wins….
They call it the Real Estate Market for a reason. Just like stocks, the value of your property can increase or decrease without any warning. When this happens to a home you have a mortgage on, it can leave you owing far more than the home is presently worth. When that happens, you may be…
One of the best foreclosure defenses in Florida is to legally prove the lender is pursuing a wrongful foreclosure. According to the Law Offices of Joseph J. Mancuso, in a wrongful foreclosure, a lender tries to illegally foreclosure on a borrowers home. In some cases, lenders receive partial or full mortgage payments from burrowers but,…
Pam Bondi, Florida’s Attorney General, filed a court action in late August to shut down a group of non-lawyers that had been offering foreclosure defense services under the guise of several entities, including the Asset Protection Law Firm, Heritage Law Group, and Liberty Law Group. These entities collected upfront and monthly fees from homeowners in…
