Foreclosure Trial Lawyer Clearwater, FL
Our foreclosure trial lawyer Clearwater, FL trusts knows that if you are facing the foreclosure of your home, you are likely feeling stressed and scared about your future. This is completely understandable, and you are not alone. In fact, in 2013, the number of foreclosed homes in Florida was the highest in the country. At the Law Office of Michael A. Ziegler, P.L., our foreclosure trial lawyer in Clearwater, Florida has helped protect the rights of many homeowners. Florida’s laws as they pertain to real estate and mortgage loans, in particular, can be complex and frustrating for the layperson. When our foreclosure trial lawyer represents you, you can feel confident that the mortgage company’s attorney will not be able to take advantage of your unfamiliarity with the legal system.
The Nature of Mortgage Loans in Clearwater, FL
In most scenarios, when a person purchases residential property in Clearwater, FL, they sign a promissory note that promises they will repay the mortgage loan. It also specifies the terms for repaying that loan.
When You Miss a Mortgage Payment
Under most circumstances, when a mortgagee misses a loan payment deadline, they will be given a limited period of time to make that payment before a late fee is assessed. The late fee is usually a percentage of the overdue payment of the principal and interest. The specific percentage and the exact terms of late fees will be noted on your monthly mortgage statement.
When You Miss More Than One Mortgage Payments
When a homeowner misses more than one mortgage payment, the mortgage servicer will usually attempt to collect the back payments by calling the mortgagee and mailing them notices. If this describes your current situation, by responding to the company you may be able to work out a payment agreement to get you back on track. This can help you avoid the foreclosure of your home. The mortgage service cannot file your case in Florida foreclosure court until you are 120 days delinquent on your payments. If you are close to this time limit, or if it has already passed, contact our foreclosure trial lawyer in Clearwater, FL to learn more about your legal options and how we might be able to help you.
The Clearwater, FL Foreclosure Process
In Clearwater, FL, the mortgage lender (plaintiff) must file a lawsuit in state court against the homeowner (defendant). After they file a complaint with the court, they will serve it to you, the borrower. The complaint will be accompanied by a summons that allows the borrower 20 days to file a response, which is usually done with the help of a foreclosure trial lawyer in Clearwater, FL. If you do not hire a foreclosure trial lawyer to handle your response on your behalf, and you do not file the response on your own, the lender can petition the court for a default judgment. This means that you will lose your case automatically.
The Foreclosure Trial Process
When you are facing a foreclosure, you know it is time to speak with a Clearwater, Florida foreclosure trial lawyer. The foreclosure trial process can be confusing, exhausting, and downright scary if you have not been to court before or if you have never faced a foreclosure. We understand that you do not want to go through this alone. The more you know about the trial process regarding foreclosure, the more you can be prepared. If you would like to learn more about foreclosures and what our attorneys can do for you during this difficult time, please give our office a call now.
Before you go to court, you will get a notice that the foreclosing party has filed a lawsuit against you. This is called a summons and complaint. Once these have been delivered to you, you will have a specific amount of time to respond to this lawsuit.
Disputing Their Reasons for Foreclosure
It is possible to dispute the other party regarding their reasons for foreclosure. If you have evidence of your own that can help your case, you should speak with your attorney. For example, if the foreclosing party is stating that you have missed a certain number of payments, you can speak with your attorney about providing evidence showing that you have made these payments and that your house should not be foreclosed on. Along with submitting evidence, you would need to submit a sworn statement that says the documents you are providing are true.
The Foreclosure Trial Process
When you go to trial for foreclosure on your home, it is important to understand that this is likely not a quick and simple process. There are probably many people who will be in court that day and this can make the situation even more stressful because you may feel rushed. This is one of the reasons why it is so important to have an attorney on your team when you go to court.
During the trial, the party who instigated the foreclosure will need to show why the foreclosure should go through. On the other hand, your attorney will be working to show that the foreclosure should not happen. During this time, either party may present witnesses or supply evidence. After both sides have presented their arguments, the judge will choose to dismiss the case or go forward with the foreclosure.
If you have are significantly in arrears with your mortgage payments, even if you have not yet been served with a court complaint and summons, contact the Law Office of Michael A. Ziegler, P.L. immediately. Request a consultation with our foreclosure trial lawyer in Clearwater, FL that homeowners call when they are faced with the possibility of losing their home.
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Clearwater: (727) 538-4188 | Tampa: (813) 225-3111