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FORECLOSURE DEFENSE

 Have you stopped making payments on your loan? Have you received a final demand letter from the bank demanding full payment of the outstanding balance of your loan? Have you been served with foreclosure papers?Foreclosure DefenseEach Friday we accept appointments for free consultations. If you are interested in setting up an appointment, please contact us at 407-245-1232. If you'd prefer, you can click here and fill out the  form and someone from our office will call you.

Foreclosure is the process whereby the mortgage holder (i.e. the bank) sues the borrower (i.e. homeowner) to secure title to the property in partial or full satisfaction of the outstanding balance of the mortgage holder’s note when the borrower has violated and failed to cure the material term(s) of the note, mortgage and loan agreement. The most common uncured, mortgage violation default is the non-payment of the outstanding loan debt.

The foreclosure procedure begins when a suit is filed in the Circuit Court of the county where the property is located. Thereafter, the borrower is served with the foreclosure complaint. The borrower/defendant has twenty (20) days from receipt of the foreclosure complaint to file an Answer with the Circuit Court. Failure to file an Answer within this time frame can result in a Default Judgment being entered against the borrower-defendant.

There are several different affirmative defenses, counter claims, and motions that can be filed in opposition to the foreclosure. Just as each piece of real estate is unique, so is each borrower, their mortgage loan, defenses and their possible counter claims.

The whole process can be  financially and emotionally draining as well as intimidating. Do not wait another day. We urge you to immediately contact a professional, Florida Bar licensed attorney who practices in the area of Foreclosure Defense today as time is not your friend. Be strategic. Be prepared. Have a plan.

NeJame Law provides a holistic approach to our representation of homeowners involved in foreclosure actions. We understand the financial and emotional difficulties you are facing in the foreclosure process. As such, our goal is to assist you through the legal process and provide counsel to questions you may have in your transition.

  • What Florida statute governs foreclosure of mortgages?

    Florida Statute, Chapter 702- Foreclosure of Mortgage and Statutory Liens govern foreclosure of mortgages.

  • What is a foreclosure proceeding?

    Florida Statute §702.09 states the words “foreclosure proceeding” shall embrace every action in the circuit or county courts of this state wherein it is sought to foreclose a mortgage and sell the property covered by the same.

  • When does the mortgage foreclosure begin?

    The mortgage foreclosure begins when a lender files a lawsuit in court of the county in which the property is located. Florida Statute §702.01 states that all mortgages shall be foreclosed in equity.

  • What is "Lis Pendens"?

    “Lis Pendens” means pending suit. A lis pendens is a document that is recorded in the public records of the county in which the property is located to notify the public (especially potential purchasers of the property) that there is a law suit filed in connection with the property.

  • What happens after a mortgage foreclosure is filed with the court?

    After a property owner is served with a complaint for mortgage foreclosure, a property owner has twenty (20) days to file an answer and plead all legal defenses the property owner may have in response to the mortgage foreclosure suit.

    A property owner who was served with a complaint of mortgage foreclosure should not delay and contact a Florida attorney who practices in Foreclosure Defense immediately to discuss their legal rights and be educated about the different defenses and options which may exist for the property owner.

  • What should a property owner do when facing foreclosure?

    A property owner facing foreclosure should immediately contact a Florida attorney who practices Foreclosure Defense to discuss their legal rights and learn about the options which may exist for them.

  • What is a "Strategic Default"?

    A “Strategic Default” is a situation where a borrower intentionally stops making payments on their loan causing their loan to go into default. Borrowers strategically default on their loan for several reasons. One of the most common reasons is the value of the Borrower’s loan is grossly disproportionate to the value of the Borrower’s home. Hence, the Borrower owes more than the home is worth.

  • What is a "Deficiency"?

    A deficiency is the difference between the total outstanding balance of the mortgage and what the home sold for at a foreclosure sale. By way of illustration, if a property owner’s mortgage has a total outstanding balance of $200,000 and the property sells at a foreclosure sale for $100,000, then the deficiency is $100,000.

  • If the house sells in a mortgage foreclosure sale and the proceeds do not satisfy the amount of the loan, can the lenders pursue the borrower for the deficiency amount?

    Yes, in Florida lenders can pursue the borrower for the amount of the deficiency. In the example in the question above, the lender would be able to pursue the borrower for the deficiency of $100,000.00. In doing so a lender can levy on the judgment, garnish wages, and look to all unprotected property of the borrower to satisfy the debt and make the lender whole.

  • What is a “Deed In Lieu of Foreclosure”?

    A “Deed In Lieu of Foreclosure” is a deed executed by a borrower whereby the borrower voluntarily conveys all interest in the property to the lender and by agreement the Lender will avoid foreclosure and cancel the remaining mortgage debt.

  • What is mediation?

    Mediation is a meeting between the borrower, lender, and mediator for the purposes of negotiating an agreement regarding the mortgage foreclosure.

  • What is the RMFM Program?

    The Florida Supreme Court’s Administrative Order 09-54 and the Ninth Judicial Circuit Court Administrative Order Number 2010-11-02 has implemented the Residential Mortgage Foreclosure Mediation Program (RMFM). The RMFM is a program whereby all homestead mortgage foreclosures are subject to mandatory mediation before a final judgment of foreclosure can be issued by the court. In Orange County, all homestead mortgage foreclosures filed after July 2, 2010 are automatically referred to the RMFM Program for mediation.

We handle a variety
of cases involving:

  • Mortgage Modification

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  • Short Sales

    NeJame Law provides a holistic approach to our representation of homeowners involved in Short Sales. Our goal is to assist you through the Short Sale process and provide counsel for questions you may have during your transition.  MORE

  • Debt Settlement

    Do not wait another day. We urge you to immediately contact a professional, Florida Bar licensed attorney who practices in the area of Debt Settlement today. Be strategic. Be prepared. Have a plan. MORE

  • Bankruptcy

    Bankruptcy law includes a “Means Test”, which is a complex formula of income vs. expenses. This test will help determine if you qualify for a Chapter 7 bankruptcy, or if you should pursue a Chapter 13 bankruptcy. If the Means Test shows that your MORE

 

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407.245.1232

 

189 South Orange Avenue

Suite 1800

Orlando, Florida 32801

Off 407 245 1232

Fax: 407 245 2980

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