Foreclosure Defense
Have you experienced a financial setback? Are you or your friends at risk of losing your home? Have you already been served with a Summons and Complaint? Don’t wait…Get in to see an attorney as soon as possible.
Experiencing foreclosure is obviously a scary and unsettling process, but there are several options available to the homeowner that may provide favorable outcomes. Whether your ultimate goal is obtaining a loan modification, short sale, deed-in-lieu, or deficiency waiver, it is essential to know the claims and defenses present in your case. While it is important to have an experienced foreclosure attorney handling the court proceeding, they will also provide you, the homeowner, with the support and guidance through the entire process.
Once a foreclosure lawsuit is initiated against a homeowner, it is imperative to get a response on file within twenty (20) days. This is where being familiar with the legal concepts, the issues presented and what is required for the Plaintiff to prove their case against you makes it crucial to seek the assistance of an attorney.
The banks are not your friends. Their position is that a contract was signed by you, the homeowner, for a certain amount of money. In exchange for that money, you received a home. The banks want that money. And unfortunately, sometimes they will tell you things that are not necessarily true and can set back your legal defenses. If the bank is aware that you have hired a foreclosure defense attorney, they will likely be more ethical and cooperative in their dealings.
One of the tools that attorneys use in defending foreclosure litigation cases is the discovery process. This is used to obtain more in-depth information surrounding the note and mortgage contracts that are the subject of the Complaint. Oftentimes, once a homeowner signs the note and mortgage, the lender immediately transfers them to another entity without notifying the homeowner. Discovery is an instrument we use to delve deeper into the problems caused by these unknowing transfers. Having an experienced litigator who knows what questions to ask and what documents to request will help you achieve your desired outcome for the case.
Florida is a judicial foreclosure state, which means that all foreclosure cases will be handled in court. Since most people do not go to court on a daily basis, this can be the most nerve-wracking part of the experience. Being knowledgeable about the Florida Rules of Civil Procedure and courtroom etiquette, including familiarity with the judge’s position on certain legal issues, are factors that experienced attorneys can work in their favor. These are all things the attorneys at Dellutri Law Group can offer you as they defend your rights through the foreclosure process.