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Top Florida Foreclosure Defense Strategies
It can be a scary prospect when a lender brings a foreclosure action on your home. However, there are several important defenses to a Florida foreclosure action and a qualified Florida attorney can advise you on the defense strategy that is relevant to your foreclosure case.
What is a Foreclosure Action and Defense?
If you stop making payments on their loan, which can happen when facing financial difficulties, a lender can file a foreclosure action to force the sale of the property. A foreclosure is a judicial action in court, and, as a homeowner, you will have an opportunity to defend yourself against a foreclosure action by using a number of defenses in court. There are also legal options to defend your foreclosure outside of the court process.
Top Defense Strategies
There are a number of strategies to defend against a lender’s attempt to foreclose on your home, in and out of court:
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Loan Modification: Before defending a suit in court, it may be possible to negotiate a loan modification with your lender. A lender can modify the terms of your loan to make it easier for you to pay it off. This can often be in your best interests as well as the borrower’s.
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Short Sale: During a short sale, you will sell the property for less than you owe on the mortgage. Though you will not retain ownership, it will affect your credit. You will need the lender’s approval.
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Standing: When using this defense in court, your attorney will argue on your behalf that the lender does not have standing or the legal right to sue you. A lender must own the mortgage on the property, and there are often issues with the process of assigning a mortgage. If there was an error in that regard, you may argue that the lender does not own the mortgage and does not have standing to sue.
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Unclean Hands: Courts will not grant legal relief to a party that has used "unscrupulous practices, overreaching, concealment, trickery, or other unconscientious conduct." For example, if a lender falsifies information, they will have unclean hands. If you can prove that a lender has unclean hands, they will not be able to foreclose on the property, no matter how strong their case might be.
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Statute of Limitations: Florida foreclosure cases must be brought within five years of the date on which the default occurs. If the lender did not bring the lawsuit during that time period, you may be able to argue that the time period for bringing the foreclosure action has passed, and the lender may not bring the suit.
Contact Our Fort Lauderdale, FL Foreclosure Lawyer for Help
If you are facing a foreclosure action or the threat of one, it is vital to hire an experienced attorney to defend your rights, whether to negotiate a solution with the lender or in a courtroom proceeding. The Oakland Park, FL business transactions attorney at The Elliot Legal Group, P.A. can advise you on the foreclosure process and the options to defend against it. Schedule a consultation by calling 754-332-2101 today.
