When homeowners in Pembroke Pines fall behind on their monthly mortgage payments, they could be at risk of losing everything that they spent years building, including their homes and all the memories that come with them. No matter the cause or circumstances behind their financial struggles, a lot of misery and stress by being proactive and hiring a Pembroke Pines foreclosure defense lawyer from the Arcia Law Office. Since we first started our legal practice, we’ve helped hundreds of south Florida homeowners save their homes from foreclosure proceedings.
Common Foreclosure Defense Strategies that We employ
To initiate foreclosure proceedings in the state of Florida, lenders have to file such an action in court. This means that you’ll be able to present your Pembroke Pines foreclosure defense and any objections to the lender’s attempt at foreclosing on your property. Depending on the circumstances and facts of your case, there may be certain reasons or special protections that could delay or even stop foreclosure proceedings. The Arcia Law Office will help you challenge the foreclosure and save your home.
Some of the more common foreclosure defense strategies that a Pembroke Pines foreclosure lawyer might employ to help you save your home include:
- errors or missing information in the
chain of title for the mortgage or note - failure to file state law procedures for
foreclosure - filings that have been based on false or
inaccurate facts and information - fraudulent behavior or predatory, unfair
lending practices on behalf of the original lender - no knowledge of the information in
supporting affidavits - no legal basis for filing a foreclosure
action - notary public’s failure to follow
regulations on mortgage servicing documents - violation of laws and/or regulations governing
the assignment or recording of mortgages
Homeowners need to understand that not all banks and mortgage lenders follow the steps that are required when it comes to assigning, issuing, or pursuing a foreclosure. This is why you must contact the Arcia Law Office and speak with a Pembroke Pines foreclosure defense lawyer to ensure that the law, as well as your homeowner’s rights, haven’t been violated.
Alternatives to Foreclosure
When a foreclosure lawsuit has been filed, don’t lose hope. It doesn’t have to result in the loss of your home. There are a few alternatives that should be considered before giving up including:
- Deed
in Lieu of Foreclosure
– this refers to deeding back the property to the lender with the
borrower’s/homeowner’s approval. You may
be able to negotiate with your lender to have them accept the deed as the full
settlement for your obligations.
- Loan
modification – this
can either be a permanent or temporary adjustment one or more of the original
terms of your home loan and will enable reinstatement or revision of the
loan. This will result in a new payment
schedule that is more affordable. This
could result in an extension of the repayment period, a reduced interest rate,
or reducing the principal balance.
- Short
sale – in order to
satisfy the lender, a short sale enables you to sell your home for less than
the total amount owing.
If you’ve already received a foreclosure notice or believe you soon will take action as soon as possible. Let’s not waste time but it is best to get started on the process as quickly as possible. Call the Arcia Law Office to discuss a Pembroke Pines foreclosure defense today at (954) 437-9066.
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