West Palm Beach Florida Foreclosure Law
If you have missed some mortgage payments or have been sued for foreclosure, you’ll want an experienced Florida foreclosure defense attorney representing your interests.
In Florida, a mortgage is a lien on property. The property owner stays in title. If the borrower defaults on the payments, the lender can’t just repossess the property, but has to go through foreclosure proceedings in court before it can take the borrower’s home.
Foreclosure laws are always being changed by the courts and the legislature. Mortgage companies and their attorneys can make mistakes. If a borrower raises defenses, the lender has to prove to the court that it has the right to foreclose the loan. As a result, some foreclosures will not hold up in court. A homeowner who does not respond to a lawsuit in time can give up the right to defend the case and can lose by default. A Palm Beach County foreclosure defense lawyer can investigate your case to explore your options and protect your rights.
Many houses are sold for less than the amount owed on the mortgage and the law allows the lender to get a judgment against the homeowner for the difference. This deficiency judgment means you could owe the remaining balance after a foreclosure sale or short sale in which the house is sold for less than your debt.
An uncontested home mortgage foreclosure case can take less than 180 days in Florida, but if you fight the foreclosure, the process can take much longer. This gives you the time to work out solutions to your financial problems. Learn how you might stay in your home and protect your assets with assistance of a Florida foreclosure defense lawyer.