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 in order to purchase a home. Those individuals must make their monthly mortgage payments to their lender in order to keep the property. However, when the borrower fails to pay their mortgage, the lender can push to repossess the home through foreclosure. If you are undergoing a foreclosure, it is recommended to speak with the foreclosure defense lawyer Tampa, FL trusts. The Law Office of Michael A. Ziegler, P.L., is dedicated to fight for your rights to your home.
In the past, foreclosures were relatively cut and dry. There were not many options to contend the foreclosure. However, a foreclosure defense lawyer from our Tampa office can explain that defending against foreclosures have become more and more prevalent. In certain states, a foreclosure is automatically a judicial process; meaning, in certain states, every foreclosure will have to be processed through a civil lawsuit. 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 the foreclosure is being conducted illegally.
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 foreclosure defense lawyer Tampa, FL 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 and 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. 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 The Law Office of Michael A. Ziegler, P.L. 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 where 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.
What Should I Do if I am Served With a Foreclosure Summons?
The first thing you need to do is call an experienced Tampa, FL foreclosure defense lawyer. There are options available to you when it comes to foreclosure, and we can help 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. 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. 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 exactly the same, but the process is generally:
- The lender will give the homeowner notice of the sale at least 14 days prior
- The sale will be conducted by an auctioneer, who will take bids
- A grace period of about 30 days will allow for the new owners to gain financing for their new property
- As soon as the grace period is over, the old owners of the home must leave.
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 office of 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. 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.
Experienced foreclosure defense lawyers from our Tampa location use a variety of defenses against foreclosure depending on your situation. One of the popular defenses in the past was requesting the lender to “produce the note,” in other words, 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.
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.
Questions to Ask a Foreclosure Defense Lawyer in Tampa , FL Regarding Bankruptcy
If you’re thinking about filing for bankruptcy because of a foreclosure, your next step should be to talk to one of our Tampa foreclosure defense lawyers. He or she can assess your situation and determine if bankruptcy is the right choice or not. However, with all the different bankruptcy and foreclosure lawyers out there, it can be difficult to choose the right one. If you ask the proper questions at your consultation, though, you can figure out if a lawyer is a good fit or not.
Here are several questions you should ask your foreclosure defense lawyer when it comes to bankruptcy.
Do you think bankruptcy is a good option for me?
During your consultation, the first question you should ask a lawyer is whether or not bankruptcy makes sense for your situation. A skilled bankruptcy lawyer has handled many bankruptcy cases in the past and will know if bankruptcy is right for you or not. For example, if you’re only dealing with a small amount of debt, he or she may suggest consolidating your debt instead. If the lawyer believes bankruptcy is the right choice for you with regard to your home foreclosure, he or she should be able to explain the differences between Chapter 7 and Chapter 13 bankruptcy and help you choose the right option.
What percentage of your practice is dedicated to bankruptcy?
Some lawyers deal with other types of cases, like divorce or criminal law, in addition to bankruptcy. It’s in your best interest to hire a lawyer who focuses his or her practice on bankruptcy cases. Bankruptcy laws are quite complex, so it’s important to work with a lawyer who knows the laws inside and out.
What information do you need from me?
A reputable lawyer will ask you for detailed documentation before beginning the process. He or she should provide you with a list in writing of everything you will need to complete your bankruptcy.
What sorts of issues could come up with my bankruptcy?
Although bankruptcy has positives, it comes with its share of risks. It’s important to work with a lawyer who will be upfront with the types of risks you might face, such as your credit rating taking a hit or the possibility of losing property. After you understand the risks, you can decide if bankruptcy is still the right choice or not.
What are your fees?
Before you hire a lawyer, you should understand exactly what his or her fees are and what’s included in those fees. Your lawyer should also inform you about any extra costs that may come up during the process.
Contact a Reliable Foreclosure Defense Lawyer in Tampa, FL
If your home is in the process of being foreclosed, contact the foreclosure defense lawyer Tampa, FL residents call first. The experienced and dedicated team at The Law Office of Michael A. Ziegler, P.L. will provide you with a free case evaluation to discuss the next steps. Contact The Law Office of Michael A. Ziegler, P.L., today to schedule your case evaluation with a Tampa, Florida foreclosure defense lawyer.
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