Assertive Mortgage Foreclosure Defense
It is in the news….a family member…a co-worker…a next door neighbor…so-and-so’s home is going into foreclosure. And the
worry that with sickness, an accident, or loss of a job, you may be next. The deck may seem stacked against you—a homeowner, admittedly behind in the mortgage, against a financial giant with seemingly unlimited resources.
Still, a homeowner has rights and in Florida, a home can be sold in foreclosure only after the homeowner is afforded due process in a Court of law, which requires that a Judge review the process and only after making determination that all “i”’s have been dotted and “t”’s crossed will a Judge order the property to be sold. The failure of the mortgage creditor to follow legal precedents will prohibit the property from being foreclosed upon. 
In Florida, a foreclosure action is considered a suit “in equity”, which means that although money may be owed, and there is an arrearage, the lending institution must have “clean hands” when seeking relief. Actions by the mortgage creditor, or its legal counsel, may be grounds to avert foreclosure from going forward.
Remember, until the Clerk sells the property, the home is still owned by the homeowner, who can do his/her best to try to sell it, work a loan modification, seek alternate financing, rent the property out, donate use of the property to a charity, house the homeless, or otherwise have the use and benefit of the property.
A homeowner need not simply give up. Given the current status of the mortgage foreclosure crisis, government, lending institutions, civic groups and the Courts are seeking alternatives to having a property taken away. A lawyer can never guaranty a result, but a lawyer can pledge to provide assertive and aggressive legal representation
to ensure the rights of the homeowner are protected and enforced in the Courts.