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Find Your Best Foreclosure Defense Strategy

If you are among the thousands of homeowners who have received a foreclosure summons or a foreclosure complaint, you are being sued. Your bank has filed a lawsuit against you and is asking the court to take away your home. For most of us, our home is our biggest investment, financially and emotionally. Facing the loss of this part of our lives and our futures is often devastating. Knowing this, it is more important than ever to make the right decision.  There are many options for people facing a foreclosure lawsuit in Florida.

Before you can make the right decision about a foreclosure defense strategy you must first decide what your ultimate goal is regarding your house.  Many, many factors will determine what the right answer to this question is for you.  That is why our foreclosure defense attorneys are trained in ALL aspects of debt relief, so that we can discuss in detail with you every option that is available.  Below we list some of the most common foreclosure defense strategies to get your research started.  Please keep in mind that it is impossible to list and explain every option that is available.  Often our clients use many different pieces of the foreclosure strategies found here in addition to many others found throughout this website.  Call today for your free consultation to learn even more about the best foreclosure defense strategy for you.

Fight Your Foreclosure

Even if you do not ultimately want to keep your home you should take immediate action if you are served with a foreclosure summons.  The best chance of keeping your home and/or protecting yourself against future financial disaster is to immediately seek the help of a foreclosure defense attorney. Time is of the essence, since you only have 20 days from the date of the foreclosure summons or complaint to respond in writing.  Again, even if you do not know how you want to handle your foreclosure yet, you should still speak with a foreclosure attorney.  We meet regularly with people that failed to answer their foreclosure summons in the appropriate manner because the weren't sure what to do or what options were available.  Oftentimes these people were led astray by people that were either ignorant to the laws or were preying on the homeowner for potential profit.  You must take action once you are served with a foreclosure. Even if you ultimately decide to do nothing, you owe it to yourself and your family to examine all your options and make an informed decision. There is no reason to gamble your future by relying upon internet scams or rumors and guesses from people that don't understand the law.

You should definitely understand that at this point the bank is no longer your friend. Do not believe that they “really don’t want” your house. If they didn’t want it, they would not have sued you. Do not believe it if they tell you that as long as you are working on a loan modification plan, they will not foreclose on you. They can and they will.

Most of the foreclosure lawsuits being filed in Florida are improper. They rely upon inaccurate and blatantly false information. Documents are commonly designed to hide the history and ownership of your mortgage and note. The media has covered what many are now calling Florida’s “Foreclosure Fiasco” in depth. You may wish to review some of the more recent stories about the situation.

We will show you how and why your mortgage company is not working with you, and what you can do to fight back. We will thoroughly explain the foreclosure process, including ploys like the “lost note” phenomenon and how it can and can’t help your situation. We will let you know who you should trust and who should avoid, like loan modification companies.

Most importantly, we will make sure you understand your options so that you can act with confidence and know you are making the best possible decisions to protect your interests.

We will determine what defenses are available to you and use these in court to stop the foreclosure. Many people refer to this as delaying the foreclosure, but it does much more than that. By fighting the foreclosure, you will have time to step back and carefully determine your best course of action, and you will know that the decisions you make are based on accurate information. Sometimes our clients will decide that it is best to simply walk away from their home instead of fighting to pay the bank twice as much as the house is now worth. Oftentimes referred to as a strategic default.  But for many, the valuable time gained by fighting the foreclosure provides the chance to possibly improve their financial situation, find employment, or for a loan modification decision to come through when there would not have been time before.


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