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Before a foreclosure can occur, your lender must get a court order allowing the sale. To do that, your lender must first file a lawsuit against you.

Foreclosure cases, just like any lawsuit, have two sides, two stories, and two potential winners. Florida court procedures are designed to ensure that every party gets a fair chance to present its case. For some homeowners, this may be the first time they have anyone-in this case, the court-looking to protect their rights.

How we fight foreclosure

There are two main approaches, which may be used separately or together, to fighting a foreclosure. The first is a vigorous defense and the second is a strong counterattack. A vigorous defense forces the lender to prove their case. The face that you may be behind in your mortgage payments does not give the lender a green light to take your home. The lender has the responsibility to produce evidence to prove each and every part of its case. We work to find gaps or holes in the lender’s evidence. For example, in many cases, the lender may have misplaced or lost critical documents that it needs in order to prove that it has the right to foreclose. In such cases, courts have been willing to throw the foreclosure case out of court entirely.
The other approach is a strong counterattack. Sometimes the lender has in some way violated the many laws and regulations that apply to lenders. Proving a violation may allow you to get a credit that could reduce the amount owed or in some cases, proving a violation may bar the lender from foreclosing at all.

An experienced attorney would be able to advise you on these two approaches after reviewing your court documents and loan paperwork.