Foreclosure Defense Attorney
If you are a borrower and have been served with a foreclosure lawsuit, it is especially important to see an attorney immediately to assist in defending your foreclosure action. You only have 20 days from being served with the lawsuit to file a response, or a default may be entered against you.
If a default has already been entered, you should speak with an attorney as soon as possible to determine if it is possible to have the default set aside.
Heath Law Firm will review every aspect of your case with you. We will review the mortgage documents, the note, and the bank disclosures. We can also arrange for a third party to conduct an audit of the lender’s accounting policies and procedures. This audit can help determine any irregularities that might give you a defense to the lawsuit.
As part of our commitment to personalized legal representation for our clients, we evaluate each client’s individual circumstances to determine an effective plan of action.
Understanding Florida’s Statute of Limitations for Mortgage Foreclosures
Different courts in Florida have produced varying verdicts in cases involving the state’s statute of limitations for mortgage foreclosures, particularly when the initial foreclosure action gets dismissed.
A Closer Look at The Verdicts
In the case of *U.S. Bank v. Bartram*, the Fifth District Court concluded that if a foreclosure action is dismissed, it invalidates the acceleration of the loan. As a result, a fresh default may be issued, and there is an additional five years for refiling.
The Fourth District echoed these sentiments in *Evergrene Partners v. Citibank*, where they concurred with the Fifth District’s judgment.
However, the Third District did not agree with these rulings. They held a contrasting verdict in the case of *Deutsche Bank v. Beauvais*, arguing that the dismissal of a foreclosure action doesn’t undo the loan’s acceleration.
Supreme Court Review
At the time this article was written, the Florida Supreme Court was expected to review these contrasting rulings, specifically the cases of Bartram and Evergrene Partners. This review was meant to bring much-needed clarity and provide a definitive interpretation of Florida’s statute of limitations regarding mortgage foreclosures when an initial action has been dismissed.
Related Articles About Foreclosure
- Blog post with information regarding the statute of limitations on foreclosure in Florida
- A Summary Of Too Late to Foreclose? – National Law Review
- Original Article by: Michael S. Provenzale of Lowndes, Drosdick, Doster, Kantor & Reed, P.A
Frequently Asked Questions
What does a foreclosure defense attorney do?
A foreclosure defense attorney protects homeowners by challenging improper lender actions, negotiating loan modifications, delaying foreclosure proceedings, and helping you explore legal options to keep your home.
What are my options if I’m behind on mortgage payments?
Options may include loan modification, repayment plans, forbearance, short sale, deed in lieu of foreclosure, bankruptcy protection, or defending the foreclosure in court. An attorney can help determine which is best based on your situation.
Can I stop a foreclosure once it has already started?
Yes. Even if foreclosure proceedings have begun, defenses and legal strategies—such as challenging lender errors, filing motions, or seeking loan modification—can help delay or stop the process.
What are common foreclosure defenses?
Defenses may include improper loan servicing, inaccurate accounting, violations of federal mortgage laws, lack of standing by the lender, predatory lending, and failure to follow required foreclosure procedures.
Should I respond to a foreclosure notice?
Yes. Ignoring the notice may allow the lender to move forward uncontested. Responding promptly with the help of an attorney can preserve your rights and open opportunities to negotiate or fight the foreclosure.
Can hiring an attorney help me save my home?
Yes. An experienced foreclosure defense attorney can negotiate with lenders, challenge unlawful practices, and guide you toward solutions designed to keep you in your home whenever possible.
What is loan modification, and how does it work?
Loan modification adjusts the terms of your mortgage—such as interest rate, payment amount, or loan duration—to make payments more affordable. An attorney can negotiate with the lender on your behalf to increase the chance of approval.
Can bankruptcy stop foreclosure?
In many cases, yes. Filing for bankruptcy can activate an automatic stay that temporarily halts foreclosure. An attorney can explain whether Chapter 7 or Chapter 13 is appropriate for your circumstances.
How long does the foreclosure process take?
Foreclosure timelines vary, but many cases take months or longer. With strategic legal defense, the process can often be delayed, giving you time to explore alternatives and protect your home.
What should I bring to my foreclosure defense consultation?
Bring your mortgage documents, payment history, foreclosure notice, correspondence from your lender, and any records showing attempts to resolve the issue. This helps your attorney assess your options quickly.
