Foreclosure Defense Attorneys, For (Favorable) Closure of Your Case

The past couple of years has created a heavy financial burden for countless people, especially homeowners and business owners who’ve fallen behind on their residential or commercial loan payments.

Since the expiration of the foreclosure moratorium on federally-backed loans in July 2021, lenders have been gearing up to tackle a backlog of default mortgage cases and pursue property repossessions. Don’t wait! If your home or place of business is at risk of foreclosure or is currently in foreclosure. It is imperative to have a competent and aggressive foreclosure defense attorney on your side. Contrary to what most people assume, there are mitigating steps available to resolve the case in your favor.

The attorneys at Fenstersheib Law Group are eager to continue fighting foreclosure for borrowers in need. This process begins by ensuring that every client understands their rights before and during a Florida foreclosure, the federal and state laws that apply to their situation, and the options available to them.

Our Florida real estate foreclosure lawyers can assist with the following foreclosure matters and more:

• Lenders who fail to comply with federal and Florida foreclosure laws, including without limitation failure to comply with the CFPB, FDCPA, RESPA regulations
• Understanding borrower contractual rights and protections included in promissory notes and mortgage documents
• Applying for loss mitigation, including in limited circumstances short sales, short payoff, reinstatement, and deed in lieu
• Writing hardship letters (important points to include, mistakes to avoid)
• Writing Qualified Written Request letters (seeking to validate the debt)
• Responding to foreclosure notices in court
• Loan modification negotiations
• Ensuring the correct paperwork is completed accurately and filed on time
• Delaying foreclosure
• Understanding force-placed insurance
• Understanding redemption rights after final judgment
• Understanding surplus rights after a foreclosure sale
• Understanding deficiency judgments and the effect of waivers of deficiency
• Fighting wrongful foreclosure
• For qualifying military members, using special protections against foreclosure

Fighting Foreclosure Actions in Florida

There are many possible defenses to foreclosure actions. However, understanding how they work and when they apply is challenging without the help of an experienced foreclosure defense attorney with knowledge of the relevant laws and terminology.

These potential defenses (and more) can mean the difference between losing your home to foreclosure and having the entire foreclosure case dismissed:

• Lack of standing to foreclose
• Defective service of process
• Problems with the initial complaint and cause of action
• Failure to meet all requirements before filing a lawsuit against the borrower
• Improper notarization of affidavits
• Incorrect amount of debt claimed on affidavits
• Mistakes made during the discovery process
• Lack of compliance with procedure and court orders
• Failure to bring the foreclosure action or deficiency action within the statute of limitations
• Unclean hands
• Special provisions over reverse mortgages

It is possible to quash a foreclosure action with the right strategy and a skilled team of attorneys to execute it properly. But for a person without an extensive legal background, identifying, understanding, and applying the minutiae of real estate and foreclosure law is highly unlikely, especially without making detrimental mistakes.

Fenstersheib Law Group: Where Foreclosures are Fought

Consult with the seasoned foreclosure defense lawyers at Fenstersheib Law Group today to determine whether any of these defenses apply to your situation. Assuming there is nothing you can do to prevent, halt, or dismiss a foreclosure action against your home or commercial property could result in the loss of your home.

Whether you need a few questions answered by an expert in the field, or you’re on the verge of losing your home and feel completely overwhelmed, we are here for you. It’s worth it to give us a call at 800-TELL-ROBERT. 

Fenstersheib Law Group Locations: Our main office is located in Hallandale Beach, Florida, and we have secondary Florida offices located in Hollywood, Miramar, Fort Lauderdale, West Palm Beach, Orlando, Sarasota, Tampa, & Jacksonville.

Get your questions answered - call us for your FREE consultation at 800-835-5762 & 954-456-2488