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Foreclosure Defense in Florida – Basics

by | Jul 30, 2017 | Firm News, International Real Estate, Orlando, Palm Beach |

Defending Homeowners in Foreclosure Lawsuits Throughout Central Florida

If you have been served with a foreclosure lawsuit or have otherwise been made aware that a foreclosure lawsuit has been filed against you, Urban Thier & Federer, P.A. can defend you and your property. Urban Thier & Federer, P.A. has represented hundreds of purchasers in Central Florida courts to enforce their legal rights as they relate to real estate matters. As publicized by the media, homeowners who fail to defend themselves against foreclosure lawsuits may be subject to the Florida court’s “rocket-docket” and “robo-judges” who enter foreclosure judgments in favor of banks by default at the rate of up to 30 judgments per hour based, in some cases, upon documents created by “robo-signing” bank employees. For example, see these video clips Florida rocket docket and Robo-Signing.

Some law firms offering foreclosure defense are mostly one or two attorney law firms that primarily seek to stall the inevitable loss of your home and some also offer to handle your bankruptcy at the end of the foreclosure. Such law firms may not have the experience or resources to see your foreclosure defense case through to conclusion.

As a first step, Urban Thier & Federer, P.A. can represent and defend you and your rights in the foreclosure action. You can remain in your home while the foreclosure lawsuit is pending and the fee for this law firm’s services is based upon a monthly flat fee with the client being responsible for costs.

As part of the foreclosure defense, we will review your specific mortgage documents and circumstances and raise, as we deem applicable to your circumstances, various defenses to the foreclosure lawsuit. Such defenses may include, but are not limited to, the plaintiff’s lack of standing, the plaintiff’s failure to post a non-resident cost bond, the plaintiff’s failure to attach to the foreclosure lawsuit complaint required mortgage and/or promissory note documents, the lender’s failure to provide required disclosures at the time you closed on your real estate purchase, and the lender’s and/or plaintiff’s failure to comply with various other state and federal laws including the Fair Debt Collection Practices Act, the Truth In Lending Act (TILA), and other laws enacted to protect purchasers of real property.

As a second step, we will review your specific mortgage documents and circumstances and assert, as we deem appropriate for your particular case, various counterclaims to be raised within the foreclosure lawsuit. The counterclaims aim to attempt to have your mortgage altogether, or partially, declared invalid or unenforceable. This approach, where applicable, can also provide you with leverage during mediation if you wish to attempt to have your mortgage balance and/or terms renegotiated.

We encourage all purchasers to interview an attorney that they may be contemplating to retain and to ask that attorney for their experience, record in this area of the law, number of cases taken to final judgment, number of cases affirmed on appeal, number of attorneys in the firm, firm staff, resources, etc.  We sincerely believe that purchasers should not retain an attorney or law firm until they are confident that 1) the law firm has the experience and resources to represent their best interest and 2) they fully understand the law firm’s litigation strategy.

The Florida Bar, which regulates all attorneys who are licensed to practice law in the State of Florida, provides strict guidelines which prohibit us from referring to past successes or results obtained for other clients.  However, we can provide you with this and additional information in response to any inquiry.  Accordingly, we encourage you to contact us via the “Contact Us” page, and we will promptly respond with additional information.

Urban Thier & Federer, P.A.’s representation of buyers, includes litigation of cases in state court, federal court and arbitration proceedings.  We encourage you to become informed of your rights and options.  You should also ensure that any law firm you consult or retain to represent you has the experience, resources, and ability to take your case through trial and appellate courts, if necessary.

Please note that Urban Thier & Federer, P.A. does not represent you and cannot take any action on your behalf unless and until you enter into a formal written Legal Representation Agreement.

by John L. Urban, Shareholder