Florida Homestead Services -- Florida Homestead Exemption Act MiniBB
Visit our main website at Florida Homestead Services.com
 - Forums - Sign Up - Reply - Search - Statistics -
Ask an Attorney Florida Homestead Services -- Florida Homestead Exemption Act MiniBB / Ask an Attorney /  

Can I really Fight a Foreclosure? Even if I Stopped Making Payments and Cannot Afford a Lawyer?

Author Frederick A Neustein

#1 - Posted: 22 Oct 2008 13:52 
ABSOLUTELY! Most people do not realize that they can stop foreclosure even if they stopped paying their mortgage. Many recent cases have been filed improperly and an experienced attorney can assist with the identification and filing of substantive and procedural defenses with the court and vigorously defend your case. Due to the lender's actions, omissions or other facts surrounding your case, you may be able to stop making mortgage payments and stay in your home while your attorney vigorously defends your property. This does not necessarily mean that you will not have to pay the loan back or completely Stop Foreclosure. It is possible to completely Stop Foreclosure if the bank or lender is in violation of the Florida Unfair Lending Act or other predatory lending practices. If the lender has committed such a violation, the entire principal and interest balance may be waived and the mortgage may be voided. This may not be relevant in your case. But, at the very least, a successful defense can do is buy you precious time to:

* Stay in your home
* Negotiate a work-out with the bank
* Sell your home for a fair price
* Refinance your home at a fair rate
* Continue to collect rent on the property
* Apply for a Court Ordered repayment plan
* File a Chapter 13 or 7 Bankruptcy

When home owners are faced with the reality of facing a potential foreclosure, many experience a state of paralysis. They don't know what to do. Selling the home may not be an option since the equity appears to have vanished. To fight foreclosure or not? That is the question. Clouding the answer is perhaps the biggest misconception, "Hiring an attorney is not a cost-effective option." If I can't afford to pay my mortgage, then how in the world can I afford to hire a competent attorney? And why should I, if I am upside down in my home? First of all, EVERYONE can and should hire an attorney to represent them in their foreclosure case. There are many competent attorneys who specialize in this area. Due to the growing number of these cases, many attorneys have become "experts" in this area. Due to the fact that most of these cases are very similar, many excellent attorneys have experienced staff and can offer extremely affordable payment arrangements. Most people don't know that once the foreclosure proceeding has started, the bank will not accept any future mortgage payments - doing so may adversely affect their ability to foreclose on your property. Furthermore, the bank pays any delinquent real estate taxes and the insurance on the property. In summation, once the bank files a foreclosure lawsuit, most of the homeowner's expenses are being paid by the bank (mortgage, taxes and insurance). However, as the legal owner of the house with full possession, you have all the rights associated with same including residing in your home, collecting rents on the property, etc. Imagine the "EQUITY" you can save / build, if you fight the foreclosure case for a year or more. The cost of qualified legal representation is a drop in the bucket compared to your typical home ownership overhead. Time is money and the real estate and financial markets are likely to turn around. The hiring of the right attorney will save you thousands of actual dollars, in addition to thousands in time value of money. Its really a no-brainer.

Frederick A Neustein

Author Lawrence Marino

#2 - Posted: 22 Apr 2011 08:40 
Frederick A Neustein
What if any options are there If a husband and wife are on the property deed but the property mortgage is only in the husbands name. The property is in Lee County, FL and has the FL Homestead exemption.

Author johnbsims3

#3 - Posted: 22 Apr 2011 08:45 
The homestead exemption should remain intact as the wife has equitable title.

Author Lawrence Marino

#4 - Posted: 22 Apr 2011 08:51 
Can a bank forclose on a property that is in both names but the loan is only in one?

Author johnbsims3

#5 - Posted: 22 Apr 2011 08:52 
If it is default, yes, because that is one of the exceptions to the law, unfortunately. the other two exceptions are a construction lien and a property tax lien.

Author johnbsims3

#6 - Posted: 22 Apr 2011 09:34 - Edited by: johnbsims3 

It is very important to me and I will review same and get back to you as soon as possible. In the meantime, feel free to give us a call.

If both your names are on the deed and ony one of your names is on the mortgage, there is a decent chance we can get the mortgage thrown out


Frederick A Neustein, Esq.
Law Offices of Charles L Neustein PA
8 Offices Located throughout Florida
Toll Free: (888) 400.ATTY (2889)
Direct HQ: (305) 531.2545
email: FN@NeusteinLaw.com

Ask an Attorney Florida Homestead Services -- Florida Homestead Exemption Act MiniBB / Ask an Attorney /
Can I really Fight a Foreclosure? Even if I Stopped Making Payments and Cannot Afford a Lawyer?
Your Reply Click this icon to move up to the quoted message

Only registered users are allowed to post here. Please, enter your username/password details upon posting a message, or register first.
  Powered by Open Source Forum Script miniBB®