Foreclosure Defense Lawyer Tampa, FL

Foreclosure defense lawyer in Tampa, Florida

There are many reasons you may need to contact a foreclosure defense lawyer in Tampa, Florida. Unfortunately, issues with the economy and unaffordable mortgages can cause some homeowners to default on their mortgages. It is relatively rare for families to pay cash for homes, and in some financial circumstances, it is actually recommended to apply for a loan. Individuals or couples may apply for a loan from a bank or lender to purchase a home. Those individuals must make their monthly mortgage payments to their lender to keep the property. However, when the borrower fails to pay their mortgage, the lender can push to repossess the home through foreclosure. In a judicial foreclosure state like Florida, the process begins when the lender files a foreclosure complaint, which is the legal document that initiates the foreclosure action. If you are undergoing a foreclosure, it is recommended to speak with the foreclosure defense lawyer Tampa, FL, trusts. Ziegler Diamond Law: Debt Fighters is dedicated to fighting for your rights to your home.

In the past, foreclosures were relatively cut and dry. There were not many options to contend with the foreclosure. However, a foreclosure defense lawyer from our Tampa office can explain that defending against foreclosures has become more and more prevalent. In certain states, a foreclosure is automatically a judicial process, meaning that, in certain states, every foreclosure will have to be processed through a civil lawsuit. Under Florida law, most foreclosures are judicial and require court oversight. In other states, however, foreclosure is a nonjudicial process, meaning that the foreclosure will inherently be settled outside of court. If you desire to challenge the foreclosure in one of these states, you must file a civil lawsuit stating that the foreclosure is being conducted illegally. Responding to a foreclosure complaint promptly is crucial to protect your rights.

Getting the Help You Need from a Foreclosure Defense Lawyer in Tampa, FL

For many, a home foreclosure notice is one of the worst pieces of news you can receive. However, the process is not so simple. What exactly does it mean to receive a foreclosure notice? Is there anything else you can do? Is it worth hiring a Tampa foreclosure lawyer, or should you begin packing up your things? The attorneys at the Law Office of Michael A. Ziegler, P.L. understand the stress and overwhelming feelings that come when you receive a foreclosure notice. Foreclosure can have a significant impact on your family, so it is important to make decisions that protect your family’s stability during this difficult time. We are here to help walk you through the process, explain what your rights are, and help you establish a reasonable defense for why the lender should not foreclose on your home. Every case is different, so we encourage you to schedule a free consultation to discuss your unique situation with an attorney. If you have any additional questions or if you would like to personally speak with one of our attorneys, call our office now. We are here to help you.

Foreclosure Defense – The Basics

If you are going through the process of foreclosure, you may feel confused, upset, and unsure of next steps. Hiring an experienced Tampa, Florida foreclosure defense lawyer from Ziegler Diamond Law: Debt Fighters is a good way to better ensure that you are informed and that your interests are protected as you navigate these challenges. As you anticipate your initial consultation, consider answers to some of our clients’ most frequently asked questions – 

What Is Foreclosure?

Foreclosure is the process by which a lender takes back a home if the homeowner is unable to pay the mortgage according to the terms of the lending agreement. These proceedings usually take place after the mortgage has gone unpaid for three months, and at the end of the process, the homeowner loses the home, and the deed and the title of the house are put in the lender’s name. After foreclosure, a foreclosure judgment may be entered by the court, which can result in a deficiency judgment if the sale of the home does not cover the full mortgage balance. Both foreclosure and deficiency judgments can negatively impact your credit report for years to come.

What Should I Do if I am Served With a Foreclosure Summons?

The first thing you need to do is call an experienced Tampa foreclosure defense lawyer, as prompt action is essential to protect your rights in your foreclosure case. There are legal options available to you when it comes to foreclosure, and your attorney can help you understand these options and figure out what the best choice is for you.

Is it Possible to Walk Away Completely From My Mortgage?

In some situations, it is entirely possible to walk away from your mortgage, as continuing to pay your mortgage isn’t in your best interest. Alternatives such as a deed in lieu of foreclosure or a short sale may allow you to walk away from your mortgage without going through the full foreclosure process. In a deed in lieu, you voluntarily transfer the property to the lender in place of foreclosure, which can be a strategic option in some cases. This is called a strategic default, but it is a complicated process, one that is best done with a legal expert by your side.

Does Foreclosure Mean I Have to File Bankruptcy?

In short, no. Consulting a bankruptcy attorney can help you determine if a bankruptcy proceeding is the right solution for your foreclosure situation. Filing bankruptcy may be an excellent option for you, but it is not the only option.

What is a Foreclosure Sale?

This is when the deed and the property are put up for auction. No foreclosure sale is the same, but the process is generally:

1. The lender will give the homeowner notice of the sale at least 14 days prior
2. The sale will be conducted by an auctioneer, who will take bids
3. A grace period of about 30 days will allow for the new owners to gain financing for their new property
4. As soon as the grace period is over, the old owners of the home must leave.

In many foreclosure cases, the total amount owed may include late fees and other costs, and any money not recovered from the sale could result in further legal action to collect the remaining debt. Not all foreclosures need to become auctions, so it is best to work with a Tampa, FL foreclosure defense lawyer to figure out your goals, your financial status, and what you can do to keep the property in your name.

What Else Can a Tampa, FL Foreclosure Defense Lawyer Do For Me?

There are plenty of ways a Tampa, FL foreclosure defense lawyer can help you. These ways include:

• Filing a Notice of Appearance — allows the lawyer to officially represent you
• Answer complaints and summons — they will work as your legal voice advocate
• Apply foreclosure defense strategies to your case — using legal arguments to prevent foreclosure from happening
• Secure loan modification — may allow you to keep your home and mortgage but under different terms

How Much Time Do I Have Before My House is Sold?

This will depend on the laws set forth by your state, but in some cases, you might have 30 days before your house goes up for auction or you may have a matter of months to prepare for the foreclosure or work with one of our attorneys on a defense.

Do I Have To Go To Court?

Many states require that you go to court during the foreclosure process, and foreclosure defense lawyer Tampa, FL can help determine if you will need to go to court. Depending on whether your state requires you to go to court, our strategy for fighting against this disclosure will be different. For example, if we must go to court, we will have a longer period to determine the best defense strategies to fight this foreclose.

What Are My Options When Facing Foreclosure?

Depending on your situation, you might have a variety of options when a bank sends you a foreclosure notice. Some of these are:

•      See if you qualify for a reverse mortgage.
•      File for bankruptcy to delay the foreclosure.
•      Attempt to reinstate your existing loans by making up payments you missed in addition to
        any extra interests or costs.
•      Fight to keep your home with the proper defenses

Getting In Contact With a Foreclosure Defense Lawyer Tampa, FL

Accepting your foreclosure does not have to be the final option. Not every foreclosure notice requires you to give up your house. When you contact the Law Office of Michael A. Ziegler, P.L., your Tampa, FL foreclosure defense lawyer will treat you with dignity, and your case will be given the care it deserves. Each client receives personalized attention and legal strategies designed to protect their interests throughout the process. Our firm has extensive experience serving clients across the Tampa Bay area, providing local expertise and accessibility. Together, we can work hard to present the best defense against your home being foreclosed on. To set up an appointment with our Tampa, FL foreclosure defense lawyer, call our office now.

Common Defenses

Experienced foreclosure defense lawyers from our Tampa location use a variety of defenses against foreclosure depending on your situation. Working with a foreclosure attorney who is an attorney licensed by the Florida Bar ensures you have qualified representation. One of the popular defenses in the past was requesting the lender to “produce the note,” in other words, to prove that the mortgage belongs to the party requesting the foreclosure. Though it may seem trivial to retrieve the proof that a given bank owns the loan, it could in fact be quite complicated. It is not uncommon for lenders to sell debt to other lenders or banks, which would make it difficult to retrieve the promissory note. However, this defense is less effective today. Courts have made rulings regarding this defense in favor of the lender. Although there are still exceptions. In some cases, litigation may be necessary to challenge improper foreclosure actions, uncover document errors, or defend against wrongful foreclosure claims.

Another defense a FL foreclosure defense lawyer could make is in relation to state procedures. The attorney may examine the foreclosure requirements specific to your state and evaluate how the lender went about the foreclosure procedure. If any procedures were violated by the lender, the foreclosure may be contested. However, the mistake in protocol will usually need to be significant in order for a court to rule in favor of the borrower.

Contact a Reliable Foreclosure Defense Lawyer in Tampa, FL

If your home is facing foreclosure, it’s crucial to contact a foreclosure defense lawyer that Tampa, FL residents trust first. The experienced and dedicated team at Ziegler Diamond Law: Debt Fighters is committed to helping homeowners navigate this challenging process. They offer a free case evaluation to review your situation, explain your options, and outline the next steps to protect your home. Don’t wait to reach out to Ziegler Diamond Law Debt Fighters today to schedule your consultation with a knowledgeable Tampa, Florida foreclosure defense lawyer and take the first step toward resolving your foreclosure case.