Defense of homeowners and real estate investors in foreclosure actions.
Representing both homeowners and real estate investors, we have taken our practical experience and knowledge of business and real estate litigation into the ever growing field of real estate foreclosure defense.
Whether you are homeowner facing the loss of your home, or a real estate investor facing foreclosure of your rental property or properties, the bottom line is the same, you are facing the loss of an important and significant asset. We help you defend and preserve that asset and open the door to opportunities you miss out on if you ignore the problem and fail to assert the defenses available in almost every foreclosure.
Florida, unlike other states, is a “lien theory” state. In other words, while you borrowed money from your lender and they hold the “mortgage” on you property, that mortgage is nothing more than a lien against the property that YOU own. Despite the actions and threats of many lenders (or their servicing agents), they simply do not have the right to kick you out of your property; take possession of your property; change the locks; or require you or your tenants to move out until the Court tells them they can. Of course, this does not stop them from attempting this illegal behavior; we see or hear about this activity almost every day.
Your lender must affirmatively prove to the court that they actually own and hold your promissory note or have the right to enforce that note before they can take away “your” property. Our job is to make them prove their claims, and this provides you with a very important and valuable asset when you are trying to get back on your feet to keep your property, sell your property or modify your loan . . . TIME.
Ignoring a foreclosure complaint will not solve the problem and will not give you the time you need to seek other options that may be available such as a short sale, a loan modification, a deed-in-lieu of foreclosure, or maybe a complete dismissal of the foreclosure action.
There is only one certainty in foreclosure cases; if you fail to fight back you lose.