Top Florida Foreclosure Defense Attorney on Your Team
Behind on Mortgage Payments? You Can’t Afford to Keep Your Head in the Sand
There’s nothing scarier to our Florida foreclosure defense lawyers than when a homeowner tells us they’re “letting go of the house.” Many who are late on mortgage payments often have a misperception that by ignoring the foreclosure, they will not suffer other consequences such as credit impairment, deficiency liability, and tax consequences. Those who practice law in Florida know that this is not the right mindset to have.
Take Action Right Away- Contact an Experienced Foreclosure Defense Lawyer
When you are served with a foreclosure complaint, you should contact a foreclosure attorney right away. You only have 20 days to respond – otherwise, a default may be entered against you.
The right foreclosure law firm can review your individual circumstances and direct you to the option(s) that will minimize your long-term financial damage.
Foreclosure Process – What are my Options?
While each case is different, experienced foreclosure defense attorneys can help you decide how to proceed. Your options might include:
Foreclosure defense (for both residential and commercial properties)
Negotiations for loan modifications, deed-in-lieu of foreclosure, or short sale
Personal bankruptcy – Chapter 7 or Chapter 13
Negotiations to request a reduced payoff or payment plan
If you are facing foreclosure, Michael “Mike” Ziegler is an experienced FL foreclosure defense attorney who can help you explore your legal options and identify the best solution to minimize any long-term financial damage.
A common misunderstanding among homeowners facing foreclosure is that their hands are tied, and there is nothing they can do other than to simply allow the foreclosure process to run its course.
Nothing could be further from the truth. If you decide to walk away from your home, there might be serious and unanticipated consequences that could potentially wreak havoc on your financial future.
For instance, a foreclosure sale can ruin your credit, make you liable for a “deficiency” judgment, and make it virtually impossible for you to buy a home again anytime soon. Mr. Ziegler is a licensed attorney providing legal help against foreclosure actions. He is well-versed in all aspects of Florida case law and foreclosure action defense and can help you through this difficult situation.
Your financial health is too important for you to face the foreclosure process without the assistance of a seasoned legal professional.
If you’re behind on your mortgage payments and have recently received a foreclosure notice in Florida, FL foreclosure law firm Ziegler Diamond Law can help you explore your legal options. And yes – you do have options.
Being notified that your home is entering the foreclosure process doesn’t mean that all hope is lost. As a foreclosure lawyer, Mike Ziegler can tell you that there are actually many different legal strategies that you can pursue to prevent your home from being taken. Contact us today to schedule a free consultation.
To save your home, your options and legal defenses include:
Loan modification – Although it can be tricky and require lots of patience and paperwork, obtaining a home loan modification will allow you to keep your home and lower your monthly mortgage payment. The assistance of an experienced law firm can help guide you through the difficult documentation process required by lenders.
Foreclosure defense – Negotiating for a loan modification with your mortgage lender to avoid foreclosure sale is just one way of stopping foreclosure. Another option is to proactively question, through litigation, the lender’s legal right to take your property. foreclosure defense lawyer Mike Ziegler is an aggressive litigator who isn’t afraid to go toe-to-toe with even the biggest mortgage companies. Contact us for a free consultation today.
Bankruptcy – Filing for bankruptcy, either under Chapter 7 or Chapter 13, will create an automatic stay that halts the foreclosure process. Generally speaking, Chapter 7 offers temporary relief from foreclosure and protects the homeowner from deficiency collection; whereas Chapter 13 offers several long-term solutions to keep your home. Experienced foreclosure defense attorney Mike Ziegler is thoroughly knowledgeable about state and federal consumer bankruptcy laws and local court rules.
Frequently Asked Questions:
What are the foreclosure steps in Florida? (i.e., average foreclosure process)
Florida mortgage foreclosures can take roughly 8 – 14 months to conclude. Depending on your case, it could be shorter or longer. Generally, the Florida foreclosure process includes the following steps but is not limited to:
Homeowners fall behind on mortgage payments due to financial difficulties for around 120 days, but can be more or less (Pre-foreclosure).
The bank issues a Notice of Default.
The mortgage lender or bank files a Summons and Complaint with the applicable court system to officially begin foreclosure proceedings in Florida. <- this is where it is most important to contact a foreclosure defense attorney.
The homeowner facing foreclosure has 20 days to answer the complaint and file it with the appropriate court system.
The parties exchange “discovery,” or information about their respective claims and defenses.
The lender files a Motion for Summary Judgement to avoid formal foreclosure proceedings.
If the bank failed to obtain a favorable judgment, the foreclosure trial starts.
If a circuit court judge rules in favor of the lender, the judge issues a final judgment to sell the property at auction.
If applicable, the lender seeks a Deficiency Judgment. In many cases, a proven attorney for foreclosure cases can help you avoid this step.
For a free consultation with one of the best foreclosure law firms in Florida, call Ziegler Diamond Law today.
How long can you stay in your house after foreclosure in Florida?
Every case is different. Generally, a judicial foreclosure sale occurs within one month (give or take a few weeks). However, in many cases, if the defendant is present at the hearing, a judge will give homeowners 2 – 3 months after a final judgment to move out. If you’re unaware of your state and federal rights post-foreclosure, contact us for a free consultation today.
What is foreclosure defense?
Florida is a judicial foreclosure state. What that means is that a mortgage company doesn’t initiate foreclosure proceedings and take someone’s home just because they are behind. The mortgage company first has to take a borrower to court and WIN before they can claim a home. And just like in any other lawsuit, a foreclosure lawsuit requires that the mortgage company follow the rule of the court. A foreclosure defense law firm can help ensure you understand your real estate law options.
“Foreclosure Defense” is when a borrower uses the court rules to question whether the bank (i.e., foreclosing party) is acting within its real estate law rights. Depending on your case, an experienced foreclosure law firm can mount a solid affirmative defense on your behalf. Often, there are legal defenses to a foreclosure proceeding depending on circumstances. Likewise, the court process may be used to find alternatives to a foreclosure judgment, such as a loan modification.
When do I need a foreclosure defense attorney?
The bank is coming to court with an attorney. While homeowners have a right to represent themselves, this can lead to unequal bargaining power in the court process. Generally, I recommend that a mortgage debt borrower consult with experienced foreclosure defense attorneys when they receive a notice of default, signaling that the bank intends to start foreclosure proceedings.
What are the costs for foreclosure defense?
Unsurprisingly, fees for Florida foreclosure defense attorneys vary depending on the complexity of the circumstance and the time that the lawyer is retained. For example, foreclosure defense lawyers retained 2 weeks before trial are generally going to ask for a larger retainer than an attorney hired at the time a case begins. In most situations, the cost of representation for a foreclosure lawsuit is broken down into an affordable monthly payment.
We Practice Law to Help People Like You!
With years of experience navigating the housing market and foreclosure courts, I would be honored to build an attorney-client relationship with you as your foreclosure lawyer. We provide legal help against foreclosure action all over Florida, including but not limited to:
Pinellas County, including Clearwater, Tampa, and St. Petersburg
Broward County, including West Palm Beach and Fort Lauderdale
Miami Dade County
Anywhere your primary residence is located in Florida
Contact me today for a free consultation with a law firm you can trust. I’ll meet with you during a time that is convenient for your schedule. During the initial meeting, we’ll review your current financial status, loan documents, Notice of Default, and discuss the options available to you under state and federal law.
To meet with a qualified foreclosure defense attorney in Florida, simply fill out the form to the right to schedule your free consultation. You can also call (727) 538-4188.
Call Now for a Free Case Evaluation
Clearwater: (727) 538-4188 | Tampa: (813) 225-3111