Wednesday, February 22, 2012
Foreclosure Defense in Florida - Mistakes to Avoid
Forecloure Mistakes to Avoid PDF E-mail

Our Florida Foreclosure Defense Attorney helps you avoid making mistakes when facing your Florida Foreclosure. 

 

Do it Yourself.  As tempting as it may be, do not make the mistake of trying to fight your foreclosure without the help of a foreclosure defense attorney. Even though you hear lots of stories of people that stay in their house for months or even years without the help of a foreclosure defense attorney, there are even more stories of people that lost their house within just a few weeks because they made basic mistakes that cost them their home.  Remember that there are always additional issues that arise when facing a foreclosure and you need a foreclosure defense attorney to guide you through.  Even if you choose not to hire a foreclosure defense attorney you owe it to yourself to take advantage of our free consultation. We can discuss not only your pending foreclosure, but also explore options ranging from bankruptcy to a specific asset protection strategy that will give you piece of mind and protect your future.  It costs you nothing and may save you hundreds of thousands of dollars now and in the future.

 

Cashing in Your Retirement. This is almost never a good idea. That money will rarely be enough to provide a permanent solution to your financial problems. Once it is gone, it is impossible to get it back. Your retirement is protected from most if not all collection actions,and and is even protected if you file bankruptcy. Always keep your money in your retirement account and take the time to seek legal help before you make the mistake of draining your retirement account.  Facing a foreclosure is one thing, but don't go broke saving a sinking ship. Our foreclosure defense attorney can help you understand your options and may save your financial future.

 

Moving Out of Your House. There are very few reasons to move out of your house until the court says otherwise. Banks are famous for telling you that a sale date is scheduled for your property even when your case is still pending and a sale date is months and months away, if even scheduled at all. So if you want to keep your house, do not move out until you consult a foreclosure defense attorney.  You may lose the ability to protect your homestead property, apply for a loan mod, deed in lieu or short sale if you are not residing in the home.  A free consultation with our Florida foreclosure defense attorney will help you decide your best strategy and show you the foreclosure mistakes to avoid.

 

Listening to Friends and Neighbors. It seems that you can’t turn around without running into someone who has been affected by this financial tsunami. Each will have their own story, and often a story about a friend who tried something, a “magic bullet”, that miraculously solved their problems. Don’t believe it. With so many people facing this financial crisis, if someone had discovered any quick and easy answer, no one would be in trouble right?  Your friends may mean well, but you simply cannot rely on these urban legends or replace solid legal advice with rumors. Take the time to speak to a foreclosure defense attorney about your options. The consultation is free. 813-289-7574

 

Hire a Loan Modification Company. Loan modification companies are one of the biggest scams of the decade. They make big promises, often charge thousands of dollars, and then leave you worse off than before. They are lying to you and trying to steal your money. I know this from personal experience since so many of our clients come to us to help stop the foreclosures that resulted from hiring these companies. There may be legitimate loan modification companies out there, but we have yet to see one. If you do decide to use one of these companies, make sure everything is in writing and do not pay a fee until the loan modification has been completed and approved. The truth is that your chance of getting a loan modification is low at best, with or without spending thousands of dollars on one of these scams.  An experienced foreclosure defense attorney can assist you with the loan modification process while protecting your legal rights.

 

Listen to Self-Proclaimed Experts. In addition to the loan modification companies, there is now a cottage industry of scam artists preying on those in need. Since it is illegal for anyone other than a licensed attorney to give legal advice, ask yourself how anyone other than a licensed attorney can help you if you are being sued. There are legitimate real estate agents and others who might be trying to help you. But they often do not understand the lawsuit you are facing, and can’t give you legal advice even if they do. All too often, they give advice anyway, but it is advice that helps them but ends up hurting you. You wouldn’t see a mechanic for a toothache. Neither should you see a “short sale expert” for legal advice. It’s that simple.

 

Not Keeping Notes. These lawsuits can take a long time to resolve. Although you may clearly remember recent events, conversations and paperwork, our memory fades over time for most of us. This is one of the most important, and dangerous, times of your life. You owe it to yourself and your loved ones to keep good notes. This means keeping a running log of the date, time and names of all the people you speak with at your mortgage company. Also, keep a copy of EVERYTHING that you send to the mortgage company, court or anyone else. It is advisable to send these documents return receipt requested as well. Our clients are often told to stop paying their mortgage, or that the paperwork they sent in has been lost. In many cases, the mortgage company will claim that you never sent the proper information and that is why they were forced to foreclose. While the courts are starting to understand that the banks and their attorneys are often less than honest, you need to be able to prove what you have done with a clear paper trail.  Call a foreclosure defense attorney to protect your rights.

 

Being Intimidated. Do not let your situation or your mortgage company intimidate you. The banks and their creditors may try to bully, shame or threaten you. Remember you are not alone. You have options and you have rights. We are here to help and often can provide relief almost immediately.  The simple truth is you are in control if you approach this situation intelligently.  A foreclosure attorney can explain to you your rights and help you protect your family from financial ruin.

 

Waiting on the Government. You cannot rely on the government to help you. The government has known about the housing crisis for years and so far NOTHING that the government has done has worked. There is no workable Obama plan, no government program, that you can turn to for relief. You must be proactive. Whether you turn to our firm, or another foreclosure defense attorney, you need reliable legal answers from someone representing you and your interests to get you through this.

 

Ignoring Your Summons or Paperwork. If you are sued for foreclosure, you only have 20 calendar days to respond. You will receive critical information sent through the mail and must make sure you fully understand these documents. Be extremely wary of offers to help, since so many are out-and-out scams. Keep all your documents in one place so that you and your foreclosure defense attorney can review them and determine the best strategy for your individual situation. Call to speak with our foreclosure defense attorney to make sure you don't miss this important deadline.

 

Trusting Your Mortgage Company. Don’t. They will lie to you to get what they want. They do it all the time. Here are some of the most common lies to be aware of:

You have to be 90 days late before we can help you.

We won’t foreclose on you if you are in a loan modification plan.

Don’t worry about the deadline. As long as you are in contact with us, nothing will happen.

We really don’t want your house.

You should remain in contact with the mortgage company, but you should not rely on anything they tell you unless it is in writing.  There are literally thousands and thousands of people that have lost their home because they listened to their mortgage company.  Keep your guard up and keep good notes because you will likely be dealing with a company that changes the rules and changes their story multiple times during your talks.  We can assist you in this process and let you get back to your life while we deal with your mortgage company.  

 

Call our foreclosure defense attorney in Tampa, Pinellas or Pasco for your free consultation and let us help you through these trying times. 813-289-7574

 

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