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Orlando Foreclosure Attorneys

Defending Your Home in Florida

Are you falling behind on payments or having a difficult time paying your mortgage? Are you starting to get phone calls from your bank or lender? If you’re facing the loss of your property due to foreclosure, not all hope is loss—there are alternatives that our Orlando foreclosure attorneys can help you to consider. At NeJame Law, our team is passionate about helping our community through any legal issue they’re facing, including financial problems. We recommend giving us a call as soon as possible—ideally before the foreclosure process has begun. The worst thing you can do in this situation is to wait and pretend that it’s not happening. We can determine your next steps and offer you much-needed legal guidance if you want to keep your home.

What is Foreclosure?

Foreclosure is a process that occurs when a borrower stops paying the mortgage payments and their lender or mortgage company decides to repossess the home. It can also occur when the homeowner stops paying their homeowner’s association fees or property taxes. During the foreclosure process, the lender takes the property and usually sells it to regain the money they lost.

If you’ve failed to make your payments and your home is now in danger of foreclosure, our lawyers understand what you’re going through and are here to remind you that there’s nothing to be ashamed about. No one enters a loan agreement with the expectation that they’ll no longer be able to make their payments one day.

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 foreclosure 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.

Life is full of unforeseen circumstances. Some reasons why people can no longer afford their monthly payments include:

  • Losing part or all of income because of death or divorce
  • Getting fired or laid off
  • Accruing excessive debt
  • Experiencing a medical emergency

There are several stages of foreclosure, beginning with missed payments. From there, you may receive a public notice from your lender that specifies legal action will occur if your debt isn’t paid. The pre-foreclosure will then begin, giving the homeowner 90 days to take action before the property is repossessed and auctioned off to the public.

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.
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