If the county’s public records show that a foreclosure lawsuit was filed against your property the answer should not be delayed as the regulations allow only a few days to respond without falling into default.
This becomes the most immediate concern after having been served with a lawsuit: to file an appropriate answer within the permitted timeframe. According to Florida law this must be done before 20 days have elapsed.
The following most important thing is to set up the strategy and to find out what alternatives are open to you, and how you should conduct your defense. For instance, in this stage you should find out if there are assistance programs available to you.
I may be able to help you. Call me for an appointment.
Options Open To You
The options open to you naturally change with the circumstances of your case, but let’s take a brief look at some of them to give you an idea of their reach.
A real property owner may be able to delay the mortgage lender from collecting the debt secured by her house for a period of time. This delay may be attained by seeking a loan modification with the lender.
A real property owner may be able to suspend the sale of a foreclosed house with a loan modification application, a short sale contract or a bankruptcy for a period of time, as well.
Your situation could be such that to take steps to stop a foreclosure sale may seem as a good idea. We need to explore if this may be an alternative for you.
We may also seek to negotiate a short sale with your lender, or a loan modification. If you have enough income to make mortgage payments, you may qualify for a loan modification.
We could explore also what relief programs are there available and if you qualify for them.
You may have heard that bankruptcy may stop creditors from collecting their debts from you. This may be true, depending on the type and amount of the debt, and depending on your own circumstance such as your income and assets that you own. If you qualify, under the bankruptcy protection, credit card and other unsecured debts may be discharged.
If you have enough income to continue making the regular mortgage payments, with a bankruptcy you may also be able to put all the arrearages, that is, the past due amounts owed to the lender, in a payment plan and pay them over a number of years.
A bankruptcy may allow the debtor to strip a second mortgage and a homeowner’s association’s lien on a homestead property if the actual value of the property no longer secures the second mortgage or the HOA’s debt.
You may be willing to give up a house that is now worth a half or a third of what you owe on the mortgage, and you feel is sucking you dry. But you fear that if you just walk out, the mortgage creditor may come after you personally for the deficiency. In a bankruptcy, sometimes when you surrender property you are able to discharge the deficiency. You may be able to discharge all your other consumer debts.
If this is successfully accomplished, those creditors may be left with no legal recourse against you. Maybe you are looking to file a bankruptcy because creditors don’t stop calling and harassing you, and you feel overwhelmed. Maybe all you want is your life back. But you don’t know any more how to deal with the credit card debts, medical bills, utilities past due bills, that you cannot afford to pay.
Do You Qualify?
Short sales, loan modifications, deed in lieu of foreclosure, bankruptcy and debt relief programs are tools designed by the federal government and private entities to protect honest, law abiding citizens and companies, that have fallen in a financial situation because of circumstances beyond their control, that makes them unable to pay back their creditors without a sacrifice that renders them homeless or outcasts.
A debt that cannot be paid off with the regular flow of income of the debtor is not unheard of. Mark Twain had to file a bankruptcy after an unsuccessful printing venture. After that, he wrote several successful novels and paid off his creditors, even though he did not have to. Thomas Jefferson was unable to save Monticello from collecting creditors. His stature as a founding father of the nation is however indisputable. Unemployment and loss of health are among the main reasons to stop making payments on your bills through no fault of your own. Sometimes, you simply lose the ability to stay current, and when you realize it, you are up to your nose and don’t know where to start unraveling the mess.
These options are intricate proceedings governed by the federal code and rules, by local rules and state law. For instance, there are different types of bankruptcy. A Chapter 7 bankruptcy is a liquidation of all your assets to pay off creditors. A Chapter 13 bankruptcy is a reorganization of your debt to pay off creditors. You will need an experienced attorney that has done this in the past, that knows all the laws that come into play, all the rules of court, all the requirements of the parties involved that administer the proceedings.
My Qualifications And Experience
I earned a Juris Doctor degree from the Florida International University (FIU) College of Law in December of 2011.
I was admitted to practice law to The Florida Bar, becoming an attorney at law in September of 2012, and I have been practicing law and handling foreclosure defense, loan modifications, consumer debt settlements, agreements with the IRS, and bankruptcy proceedings since then.
Before that, I was a bankruptcy paralegal for six years in Florida. After several years of being a paralegal, in 2008 I decided to go the extra mile, and entered law school.
One Full Hour Of Free Consultation
Make an appointment with me. I will sit with you for an hour of initial consultation, where we will go extensively over your whole situation and predicament, free of charge. I will explain to you all the requirements and consequences of a loan modification, a short sale, a deed in lieu of foreclosure, a settlement with a creditor, and a bankruptcy. I will tell you if you qualify for any of these proceedings.
I will let you know what my legal fees and other costs may be for your case. I have affordable plans for legal fees. The legal fees cover the negotiations with the creditors, drafting and submittal of papers to the court, petition and accompanying documents, along with my attendance to the respective court hearings acting in your representation and behalf. Court costs are additional. If your case requires the filing of additional motions, that is, requests to the court, additional legal fees and costs may apply for preparing and filing the special motion and attending the hearing.
The free consultation does not put you under any obligation to me. You are free to get other opinions, and decide after you have shopped around.
Just don’t let the problem go unsolved. Act upon it, get a control over it, and free yourself from it! I really hope to hear from you. I look forward to help you out. Call me.