As Fear of Foreclosure Increases in Florida, Here are Ways to Stop It

The Household Pulse Survey, which has been conducted by the U.S. Census Bureau, shows that seven percent of households in Florida are behind on their mortgage and rent payments. The Census Bureau has been taking the survey at various times during the pandemic since it first broke out nine months ago. Of that seven percent, over half of respondents, 51.2 percent, say that they fear eviction or foreclosure, which is the worst percentage in the entire country.

The survey has a margin of error of 13 percent. That means the actual percentage could be as low as 38 percent or as high as 64 percent. Either way, it is a large increase from the 32 percent that said they feared eviction or foreclosure in the previous survey.

Clearly, many households in Florida are in trouble. Fortunately, there are still options for homeowners, and ways to possibly stop a foreclosure.

Federal Moratorium on Foreclosures

It was in April when Governor DeSantis issued a statewide moratorium on foreclosures and evictions. In early October when DeSantis allowed that order to expire, it meant that thousands of Florida homeowners faced the real fear of losing their homes. For homeowners with federally-backed mortgages, however, there is still hope.

In late August, the Federal Housing Finance Agency (FHFA) extended the federal moratorium on Enterprise-backed mortgages. This moratorium applies only to single-family mortgages backed by Fannie Mae and Freddie Mac, otherwise known as the Enterprises. The moratorium was originally set to expire on August 31, 2020. Now, the moratorium has been extended until December 31, 2020, and it may even be extended again in the future.

While the federal moratorium will protect over 28 million homeowners around the country, including many here in Florida, it will not protect everyone. Homeowners without a federally-backed mortgage that are in fear of foreclosure should understand there are still ways to stop it.

Unclean Hands

Florida is a judicial foreclosure state, which means to foreclose on the property, lenders must file a lawsuit. The case will then go to trial, which is heard by a judge without a jury. At the trial, you can raise a number of defenses that can stop the foreclosure. One of the defenses available is that the lender has “unclean hands.”

Florida case law Federal Savings and Loan v. Robert Smith shows that when a lender has unclean hands, the judge must deny the foreclosure action. To prove that a lender has unclean hands, you must prove that the lender engaged in an illegal or fraudulent transaction, or an unconscionable or oppressive act. For example, if the servicer did not allow you to repay your mortgage payments, that could be considered tortious interference, which can prove unclean hands. You must also prove that the act caused you harm.

Proving unclean hands is sometimes challenging, and proof is required if you are making such a claim. A foreclosure defense lawyer will understand the necessary evidence to collect that can prove unclean hands.

Lack of Notice of Default

In Florida, lenders are required to provide homeowners with a notice of default, and the action required by the homeowner to correct it. Usually, the requirement is found in the 22nd paragraph of the mortgage agreement. The lender must typically send the notice of default at least 30 days prior to starting foreclosure proceedings. The notice must also state the action required by the homeowner to stop the foreclosure.

Borrowers can raise the defense that the notice of default was never received. When they do, the lender then has the burden of proof of showing that they sent the appropriate notice.

Failure to Fill All Conditions Precedent

In a mortgage contract, each side has obligations to the other. The borrower has an obligation to pay mortgage payments on time to the lender, but the lender also has several conditions to meet. Failing to provide homeowners with the notice of default is just one of these conditions, but there may be others, as well. When lenders do not meet all of their conditions, it can serve as a defense to a foreclosure action.

Chapter 13 Bankruptcy

No one ever wants to face bankruptcy, but it can offer a real solution to a foreclosure action. If you file for Chapter 7 bankruptcy, you may still lose your home. The bankruptcy trustee will sell some of your assets to help repay the lenders you still owe. Although a portion of your home’s equity may be exempt, you may still lose your home.

A Chapter 13 bankruptcy, on the other hand, may allow you to keep your home. In this type of bankruptcy, the debts you have incurred are restructured into a payment plan that is more manageable for you. Usually, the plan extends for three to five years, during which time you repay your debts. If you are struggling with other types of debt, such as credit cards or auto loans, you can also restructure these during a Chapter 13 bankruptcy.

Although you are not required to work with a bankruptcy lawyer, it is important that you do. The bankruptcy process is not always a quick one, and even a small mistake could forfeit your right to file bankruptcy. A lawyer will ensure no mistakes are made, and that the repayment plan is as affordable as possible.

Our Florida Foreclosure Defense Lawyers Know How to Stop the Process

Floridians have been hit hard during the pandemic and it is the new reality that more homeowners are facing foreclosure than in recent years. If you are in fear of losing your home, our Fort Lauderdale foreclosure defense lawyers can advise on your case.

At Loan Lawyers, we can determine if your lender has taken the appropriate actions and when they have not, will use that defense to help you save your home. We will also advise on other foreclosure defenses that may apply to your case. Call us today at (954) 807-1361 or contact us online to schedule a free consultation with one of our experienced attorneys.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 2,000 homes from foreclosure, eliminated more than $100,000,000 in mortgage principal and consumer debt, and have recovered over $10,000,000 on behalf of our clients due to bank, loan servicer, and debt collector violations. Contact us for a free consultation to see how we may be able to help you.

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How to Budget for the Holidays

The holidays are upon us and while they may look very different during the pandemic, people still want to find ways to celebrate with their loved ones. Budgeting for the holidays is never easy, but just like everything else in 2020, it brings unique challenges during the pandemic. A survey conducted by WalletHub shows that residents of Fort Lauderdale, FL should not spend more than $1,199, and even that figure seems out of reach for many. Below are some tips that can help you budget for the holidays, and come away from them without breaking the bank.

Understand Your Spending Limit

If you do not know how much you can reasonably afford to spend on holiday gifts, you will not know that you have gone over that limit until it is too late. While WalletHub is recommending that Fort Lauderdale residents do not spend more than just under $1,200, many people this year will not be able to budget even that amount. Determine the expenses you will have to pay during the holidays, including your mortgage, rent, and other expenses, and how much you have leftover to spend. Keep that number in mind when you are buying presents, and do not go over it.

Create Categories

People are often surprised at just how many gifts they purchase over the holiday season. It is natural that people would first think of their friends and loved ones that they want to buy for, but there are likely others, as well. You may want to purchase a small gift for a teacher, a newspaper carrier, or someone else that you want to acknowledge.

Think about everyone in your life that you want to purchase gifts for, and then separate them into categories with spending limits for each category, or for each person. Remember, the total number you are left with should not exceed your spending limit, but breaking that limit down can help you understand how much you have to spend on certain people or items.

Shop Early

Usually, people are advised to shop early for the holidays in order to avoid long lines. While those may not even be a possibility in some areas this year, it is perhaps even more important to shop early. Many people will use online shopping services these holidays, and delivery systems will become overwhelmed as they try to get packages delivered. To avoid rush delivery fees that will increase your holiday budget, shop early so your gifts arrive on time without any additional expenses.

Do Not Buy for Yourself

Most shoppers will purchase something for themselves while they are hunting for the perfect gift for others. This is easy to do regardless of whether you are in a mall and see something unexpected, or if you are searching for the right gift online. Just over half of consumers spend approximately $200 on themselves while shopping for other people. Know what you are looking for before going online and keep your purchases to that item only and resist the temptation to buy yourself that little something you may want.

Secret Santa

Secret Santa is always a great way to help a lot of people save money at the same time. If you have a large group of family members or friends, agree to choose a secret Santa, so that each person only buys for one other. When just focusing on purchasing one gift, it is easier to put real thought behind it, and you may even be able to spend a little more on that one gift. Still, you can take this idea up another level if everyone agrees to a spending limit.

Use Coupons

Using coupons may sound like an outdated idea, but shopping online makes it easier than ever. Websites such as Groupon, Hip2Save, and RetailMeNot all offer discount codes you can enter into online shopping sites and save money easily. Apps can also make it easy to learn when new discounts are available and get even more savings.

Remember it Is the Thought that Counts

It is easy to get wrapped up in the idea of purchasing our loved ones something extravagant that they would never buy for themselves. This is a mistake every year though and this particular year, smaller and more thoughtful gifts are likely going to be even more appreciated. Something as simple as a small gift card for groceries, or a batch of homemade brownies may be all that is needed to make someone’s day, and you will save your budget at the same time.

Do Not Use Credit Cards

Unfortunately, the big-spending on holiday gifts does not end once you leave a store or website. January is always a difficult time for people, as this is when the credit card bills start coming in and people have to face their holiday debt head-on. To avoid the downward spiral of debt that credit cards can lead to, and the impending judgments and wage garnishments that come with them, simply do not use your credit cards.

Before shopping, check the categories within your budget and withdraw enough cash to pay for the ones you are about to purchase. Using only that cash will ensure you do not go over your budget. If you are shopping online, try to use a debit card instead of a credit card, so you can use only what is in your bank account and not rack up immense debt.

Call a Florida Debt Defense Lawyer if a Collector Takes Action

Budgeting is important during the holidays, but many will still find themselves struggling with debt afterward. If you are suffering from debt and a debt collector has threatened to take legal action, call our Fort Lauderdale debt defense lawyers today. At Loan Lawyers, we know the actions debt collectors are allowed to take, what they are prohibited from doing, and the defenses to debt-collection lawsuits. Call us today at (954) 807-1361 or contact us online to schedule a free consultation with one of our experienced debt defense attorneys.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 2,000 homes from foreclosure, eliminated more than $100,000,000 in mortgage principal and consumer debt, and have recovered over $10,000,000 on behalf of our clients due to bank, loan servicer, and debt collector violations. Contact us for a free consultation and find out more about our money-back guarantee on credit card debt buyer lawsuits, and how we may be able to help you.

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How to Get Out of Debt During a Pandemic

The COVID-19 pandemic has put over 30 million Americans out of work, and many of those individuals were already struggling with debt before the pandemic hit. Debt can sometimes actually be a good thing, as it allows people to purchase homes, vehicles, and other necessities of life. However, when you incur too much debt, debt can become debilitating and that is not good for anyone. If you are trying to get out of debt during the pandemic, below are some tips that can help.

Identify Your Most Important Bills

Unfortunately, there are some bills you simply cannot get rid of. One of these is your mortgage. If you stop paying your mortgage, you may face foreclosure and end up being evicted from your home. The state government has already lifted the moratorium on foreclosures, so this continues to be one of the most important bills to pay. Also, make sure you continue to pay your utilities so you can continue to have service to your home, and do your best to keep up with any auto and insurance payments you may have. These, as well as any other expenses that are a priority for you, are must-pays and if you do not make the payments, you could find yourself worse off.

Consider the “Leaky Faucets” of Your Budget

You may have expenses that are quite obvious to you, such as your mortgage and utilities. While these are important expenses that should be among your priorities, there are likely some expenses you have not yet recognized. Perhaps that is a subscription that you are no longer using, or the coffee you are purchasing from that expensive cafe once or twice a day. Consider all of the items you pay for on a daily basis and then eliminate the ones that are not absolute necessities.

Create a Budget

Budgets are boring, but they are also very necessary. Using a full quarter of the year, track what you are spending and what you are spending it on. Once you have a full budget in place, it is easy to see how you are spending money, and what you can scale back on. Also, make sure to include within your budget your credit card bills, and the minimum payments you are expected to make every month. When finished, your budget will give you a snapshot of how much money you will have at the end of the month to spend on extras. As long as you do not go over that amount, it will help you get out of debt even faster.

Understand the Types of Debt Repayment

Any debt repayment expert you speak to will likely have advice on how to repay your debt. Generally speaking though, there are typically two main methods:

• The first is the debt avalanche method, which the majority of debt repayment experts recommend. When paying debt using this approach, you focus on the debt with the highest interest rate first. You continue to pay the minimum balance on all other debts, so you do not face wage garnishment or other penalties for not repaying debt, but your priority remains on the highest interest debt. Pay off as much of that as you can, including going above and beyond the minimum payment. Once that debt is repaid, you then focus on the debt with the second-highest interest rate and continue on from there.
• The second method of debt repayment is the snowball approach. Contrary to the avalanche method, when using the snowball approach you focus on the debt with the lowest interest rate while still continuing to make minimum payments on all other debt. While the snowball method will not help you save money in interest, as the avalanche approach will, it can provide you with the momentum necessary to stay motivated to keep paying off your other debts.

Both methods work and are very effective if you can stick to them. You just have to decide which one will work best for you.

Use Money Management Apps

You may have gotten used to thinking that your cell phone does nothing but cost you money. However, there are ways in which your phone can help save you money, too. Certain apps can help you with money management, such as GoodBudget, Unsplurge, and Mint. Certain credit card companies also have apps that can help you track all of your spendings without a charge, which can help with your budget.

Another way apps can help you save money so you can pay off your debt is to download apps that offer discounts, coupons, and money-saving tips. Whether these savings are available right in your community or online, you can use the money you save to pay down your debt.

Call Your Creditors

Your creditors might be the last people you want to talk to, particularly when you owe them a significant amount of money. Still, it is important that you do, especially when the amount you have is substantial. Many borrowers are surprised to learn that their creditors are very willing to work with them, and many have shown to be very forgiving during the pandemic.

Thanks to the CARES Act, many creditors are required to provide you with options such as a reduction in interest rates and payments, and you may even be able to make partial payments or get an extension on a payment. In addition to learning about these options, speaking to your creditors will also give you a better idea of what debt you should focus on first.

Call a Debt Defense Lawyer in Florida for Help

Sometimes, borrowers take all the necessary steps to reign in their debt, but it is just not enough. Soon, they find that they are facing legal action from creditors. If you are facing a lawsuit over your debt, our Fort Lauderdale debt defense lawyers can help. At Loan Lawyers, we know the defenses to these lawsuits and we will use them to give you the best chance of a positive outcome with your case. Call us today at (954) 807-1361 or contact us online to schedule a free consultation and to learn more about how we can help.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 2,000 homes from foreclosure, eliminated more than $100,000,000 in mortgage principal and consumer debt, and have recovered over $10,000,000 on behalf of our clients due to bank, loan servicer, and debt collector violations.

Contact us for a free consultation and find out more about our money-back guarantee on credit card debt buyer lawsuits, and how we may be able to help you.

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8 Bankruptcy Myths Exposed

No one ever wants to file bankruptcy but, in some cases, it can provide real relief from crushing debt. One of the reasons people are sometimes so hesitant to file is because they believe the many myths surrounding bankruptcy. Here we break down those myths and expose the truth behind them so that anyone considering filing for bankruptcy will know the realities behind the process and how it can help.

1. People Who File Bankruptcy Are Financially Irresponsible

It is easy to think that people have to file bankruptcy simply because they spent too much and do not know how to properly manage their money. The truth of the matter is, though, that the three main reasons for bankruptcy are job loss, divorce, and severe illness. These are things that are not in a person’s control and that have nothing to do with a person being financially irresponsible.

2. Married Couples Must File Together

Contrary to what many people think, married couples do not always have to file bankruptcy together, although there are times when it makes sense that they do. When married couples file bankruptcy together, an assumption is made that both people are liable for the debt. It is common though, for one spouse to have incurred a great amount of debt while the same is not true for their partner. When that is the case, the couple does not have to file bankruptcy together. On the other hand, when the couple has incurred debt together and they are both liable for it, it does make sense for the couple to file together.

3. Bankruptcy Will Ruin Your Credit Forever

There is no doubt that bankruptcy will affect your credit at least temporarily. After filing bankruptcy, it will stay on your credit record for seven to 10 years, although most of the time it is the lesser of those two time periods. It is imperative to understand that bankruptcy will never remain on your credit report permanently. Even though bankruptcy will remain on your credit record for years, there are still things you can do to improve it. For example, in the months following bankruptcy, you can apply for secured credit cards that can help improve your credit score, even though the bankruptcy may still show.

4.You Should Make Large Purchases Before Filing

A Chapter 7 bankruptcy allows the court to discharge certain debt, which means borrowers are not responsible for repaying it. Due to this, many people think that they should make large purchases, or several small purchases, right before they file. Unfortunately, the banks will likely consider this fraud and any debt incurred through fraud will not be discharged as part of the bankruptcy process. Never go on a shopping spree prior to filing bankruptcy, as it will only hurt you during your bankruptcy case.

5. All Debt Is Discharged in Bankruptcy

It is true that bankruptcy can be looked at as a clean slate, but that does not necessarily mean it will not still have black marks on it. Filing Chapter 7 bankruptcy will discharge most unsecured debts, including credit card charges, utility bills, and personal loans. However, not all debt will be discharged during the bankruptcy process.

If you file for a Chapter 13 bankruptcy, on the other hand, you may not have much of your debt discharged at all. Instead, your debts will be restructured during the bankruptcy process so it is easier for you to pay them back.

6. A Person Will Lose Everything in Bankruptcy

It is true that when filing bankruptcy, a person does stand to lose certain assets. The bankruptcy trustee will seize these assets and liquidate them in order to pay at least a portion of the debt back to creditors. Still, filing bankruptcy does not mean you will lose absolutely everything.

Bankruptcy allows for some exemptions, which are as follows:

• Homestead exemption: A home is fully exempt from bankruptcy proceedings unless you have paid the mortgage in full within the past 1,215 days. When that is the case, the exemption is limited to approximately $160,000 of equity.
• Automobile exemption: The automobile exemption allows for up to $1,000 of equity to remain exempt.
• Personal property: Tangible and intangible property including bank accounts, cell phones, jewelry, and more have an exemption limit of $1,000. If you do not own your home, the exemption limit can be as high as $5,000.
• Retirement accounts: Retirement accounts have a very high exemption level of up to $1,000,000.

In addition to these exemptions, wages are exempt if you are considered the head of your household.

7. You Will Not Lose Anything in Bankruptcy

Just as some people think they will lose everything in bankruptcy, others think they can file bankruptcy and not lose anything. Unfortunately, that is not true. Again, to pay creditors in a Chapter 7 bankruptcy, the trustee will attempt to liquidate certain assets. Due to this, you will likely lose at least some of your assets after you file bankruptcy. On the other hand, if you file a Chapter 13 bankruptcy, you likely will not lose anything in bankruptcy because your debts are restructured so that you can pay at least a portion of them back, if not all of them.

8. You Do Not Need a Florida Bankruptcy Lawyer to File for Bankruptcy

Technically speaking, you are not required to work with a Fort Lauderdale bankruptcy lawyer when filing for bankruptcy. However, it is always recommended that you do. Without proper representation, you may file for the wrong type of bankruptcy, incorrectly cite proper exemptions, or be unable to defend against an action that seeks to deny the discharge of your debts.

If you are struggling with debt and need relief, our skilled attorneys at Loan Lawyers can help. We have helped thousands of people successfully file for bankruptcy and can advise on the best type of bankruptcy for your case. If you are denied a discharge, we will also defend against it and always give you the best chance of success. Call us today at (954) 807-1361 or contact us online to schedule a free consultation and to learn more about how we can help.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 2,000 homes from foreclosure, eliminated more than $100,000,000 in mortgage principal and consumer debt, and have recovered over $10,000,000 on behalf of our clients due to bank, loan servicer, and debt collector violations.  Contact us for a free consultation to see how we may be able to help you.

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Can Cavalry SPV I, LLC or Any Other Debt Collector Contact Me for a Past Due Debt?

Have you received an email from Cavalry SPV I, LLC or any other Cavalry related company stating that you are collections with their company?  Have they emailed someone else you know disclosing that you are collections with them?  If so, please contact Loan Lawyers right away for your free case evaluation.  Cavalry SPV I, LLC or another Cavalry related company may have violated the law in sending that email to you.  They may have also violated the law by sending emails to others about you.

The Fair Debt Collections Practices Act (FDCPA) protects consumers who are behind on debts and prohibits Cavalry SPV I, LLC and all other debt collectors from disclosing to third parties that you have any sort of debt.  At Loan Lawyers, LLC we sue Cavalry and other debt collectors for violating the FDCPA.  If Cavalry or any other debt collector has informed third parties that you have a debt, we may be able to sue them for you in state pf federal court for violating the FDCPA.  When we take these cases, they are handled on a contingency fee basis, meaning there are no attorney’s fees or costs in the event we do not obtain a recovery for you.  Just because you may have a past due debt does not mean that you do not have rights.  If those have been violated, you can sue Cavalry or any other debt collector for violating those rights.  The fact that you are past due on a debt does not change that fact.

If we file a lawsuit on your behalf for an FDCPA violation, you may end up with compensation for damages and your attorney’s fees paid, plus the debt may be wiped out and removed from your credit report.  Call Loan Lawyers today for your free case evaluation if you have been contacted by Cavalry SPV I, LLC or any other debt collector regarding a past due debt.

Call us now at 1-888.FIGHT-13 to speak with one of our attorneys.

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Increase in Commercial Mortgage Delinquencies and How We Can Help

Since the beginning of the pandemic, the news headlines have placed a focus on the increase of foreclosure actions throughout Florida and the rest of the country. While the stories have largely focused on residential foreclosures, commercial properties have also fallen into mortgage delinquencies at an increasing rate. Unlike residential homeowners, owners of commercial properties have not received the same kind of assistance to help them avoid foreclosure. This makes it even more important for commercial property owners to understand their options, and how a commercial foreclosure lawyer can help.

The News on Commercial Foreclosures

It was in early September when the Mortgage Bankers Association released two reports surrounding the increase of commercial mortgage delinquencies. While the number of delinquencies is not at the height it was at the beginning of the pandemic, it is still at a level much higher than it was before the pandemic began.

Certain types of properties, namely lodging and retail properties, have been hit particularly hard. This is likely because, throughout the pandemic, people have been sheltering in place at home. Even when the shelter-in-place orders were lifted in places like Florida, people still feared the virus, causing them to continue staying at home and go out as little as possible.

The most troubling statistics from the report are as follows:

• 6 percent of mortgage balances pertaining to commercial and multi-family properties were current at the end of August. While that seems like a positive number, it was a slight drop from July, when 93.8 percent of these mortgages were current, and the 93.7 percent of current mortgages in June.
• In August, the amount of commercial loans on lodging in default was at 23.4 percent, which was a slight increase from the 26.2 percent of delinquent mortgages on these properties in July.
• Retail properties saw an increase in delinquencies in August, rising to 15 percent from the 13.9 percent in July and 14.7 percent in June.
• Mortgages that were current on industrial properties dropped slightly in August to 96.7 percent, from the 98.3 percent in July.
• More commercial mortgage-backed securities also saw an increase in delinquencies in August, dropping to 12.6 percent from 12 percent in July, but increasing slightly from the 12.9 percent in June.

Even with the statistics showing that delinquencies rose on commercial properties throughout the summer, fewer property owners are trying to find help. The reports also showed:

• Only 0.7 percent of property owners asked about relief pertaining to their commercial mortgages in August. That was a significant drop from 0.9 percent in July, 1.6 percent in June, and a significant percentage of six percent in May. In April, 12.8 percent of commercial property owners asked for relief.
• Formal requests for adjustments to loan balances also fell to 0.4 percent in August, a drop of 0.7 percent in July, 1.3 percent in June, 4.1 percent in May, and seven percent in April.
• Servicers also made modifications on loan balances, or offered forbearances at a lower rate than they did at the beginning of the pandemic. In August, servicers offered adjustments or forbearance on 1.4 percent of loans, a change from 1.6 percent in July, 1.3 percent in June, 1.9 percent in May, and the lowest of all months, 1.1 percent in April.

It is deeply concerning that at a time when commercial property owners are facing an increase in mortgage delinquencies, fewer of them are asking for help and even fewer lenders and servicers are offering much-needed assistance.

Commercial Foreclosure Defenses Are Available

Like residential properties, you likely have many options available if you fear your commercial property will soon fall into foreclosure. If your commercial mortgage is currently underwater, it is important to speak to your lender as soon as possible, as waiting to contact them could limit the number of options available. The options you may have are outlined below.

• Refinancing: If your lender is willing to negotiate with you, it may be possible to refinance your mortgage. Commercial mortgages vastly differ from residential mortgages. A variable interest rate may be the reason you are struggling, or the loan may have matured and a balloon payment is now due. When you can no longer afford your mortgage, your lender may be willing to refinance the debt.
• Bankruptcy: Many commercial property owners think that when they file for bankruptcy, they will lose the property. Fortunately, that is not always the case. Filing bankruptcy may place a stay on any foreclosure proceedings you are facing. Additionally, bankruptcy can also help you restructure the debt associated with your business, making it easier for you to make your mortgage payments on time and bring a defaulted loan into good standing.
• A personal guarantee: It is not uncommon for a business to fall into financial difficulty that is only temporary, particularly during a pandemic. If this is the case, a personal guarantee that uses your own personal property or financial accounts as collateral can also help save you from foreclosure.

In addition to these options, there are also several defenses available to commercial foreclosure. The lender may have missing, falsified, or incorrect documentation, or other bank errors may have occurred that make a foreclosure action invalid. Sometimes, lenders will also act unfairly or fraudulently and that can also provide a defense to foreclosure. These defenses typically require skilled negotiation, so it is always important to speak to a foreclosure defense lawyer any time a commercial mortgage falls into default.

Call Our Foreclosure Defense Lawyers in Fort Lauderdale Today

If the pandemic has caused your commercial mortgage to fall into default, it is important to understand that you are not alone and that help is available. At Loan Lawyers, our Fort Lauderdale, FL foreclosure defense attorneys can explain the options available, and the one that is right for your case. Call us today at (954) 807-1361 or contact us online to schedule a free consultation with one of our experienced attorneys and to receive the sound legal advice you need.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 2,000 homes from foreclosure, eliminated more than $100,000,000 in mortgage principal and consumer debt, and have recovered over $10,000,000 on behalf of our clients due to bank, loan servicer, and debt collector violations. Contact us for a free consultation to see how we may be able to help you.

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Why You Should Never Ignore a Foreclosure Lawsuit

Going through the foreclosure process is something that everyone hopes they’ll never have to face. The prospect of losing your home can significantly disrupt your life and dramatically impact your future and the future of those who depend on you.

In the face of such hardship, it can be tempting to ignore a foreclosure lawsuit because facing it seems overwhelming.

However, ignoring a foreclosure lawsuit won’t make it go away. If anything, ignoring it minimizes your ability to do anything about it and leaves you with fewer options. Homeowners facing foreclosure shouldn’t panic. Instead, they should speak to a qualified and experienced foreclosure defense attorney.

The foreclosure defense, debt defense, and bankruptcy lawyers at Loan Lawyers have been fighting for Florida families for more than a decade. During that time, we’ve helped thousands of clients keep their homes, reduce their debts by hundreds of thousands of dollars, and stave off bankruptcy.

No matter how bad your financial situation may seem, we can provide the legal guidance you’re looking for and give you the best possible chance of saving your home. To learn more about how we can help distressed homeowners, call us or visit our contact page.

Here are just a few reasons to speak to a Florida foreclosure defense attorney if you’re sued for foreclosure.

You Can Get a Default Judgment

A foreclosure lawsuit is actually the second step in the Florida foreclosure process. Before you can be sued for foreclosure by your lender, they’re required to send you a notice of default.

In many cases, lenders will send out these notices once your mortgage payments are 30, 60, and 90 days past due. Once these notices have been sent, your lender can file a lawsuit to advance the foreclosure process. Should your lender fail to give you the required notices, you can use that as a defense to stall the foreclosure process.

If you ignore a foreclosure lawsuit after you’ve received a notice of default, though, you give up any chance to contest the lawsuit.

There are two components to any foreclosure suit:

• The complaint, which outlines the lender’s case against you
• The summons, which details your responsibility to respond to the lawsuit.

If you do not respond, the judge overseeing the foreclosure case will assume the Complaint’s facts are correct and will issue a judgment that you are in default on your mortgage. A default judgment fast-tracks your foreclosure case and leaves you with fewer options to potentially save your home.

You only have 20 days from the date that you are served with the lawsuit to respond to your lender, so it’s essential to speak with a foreclosure defense lawyer as soon as you can.

You Can Lose Defenses If a Loan Modification Is Denied

Even after your lender has filed a foreclosure suit against you, you still own your home until the foreclosure process is complete, and the bank sells the property in a foreclosure sale. Therefore, it’s in your interest to keep working with your lender to see if you can get a loan modification. You can even apply for a loan modification multiple times, depending on who your lender is and your loan conditions.

However, even if your lender refuses to grant you a loan modification, you still have legal options if you’re sued for foreclosure. For example, if your lender does not follow the correct judicial procedures for obtaining a foreclosure judgment, you may be able to buy yourself more time or have the case thrown out entirely. But these defenses are invalid if you do not respond to the foreclosure lawsuit within the 20-day window. If you wait too long or ignore the lawsuit, the judge in your case will side with your lender and fast-track your foreclosure, as we’ve previously discussed.

Giving Up the Right to Discovery

In a civil suit, discovery is the phase of the case where both sides are allowed to look at what evidence the other party has and will be using as part of their case. This may not sound that important, but the discovery process is crucial if you want the best possible shot at keeping your home.

During discovery, your lender must provide whatever evidence they have showing that they own your mortgage, that you’ve fallen behind on your payments, and that they’ve followed the correct procedures to obtain a foreclosure judgment.

This process offers knowledgeable foreclosure defense attorneys an opportunity to poke holes in their evidence and argument. If you and your lawyer can undermine your lender’s legal argument, you may be able to buy more time to sort out your finances or possibly have the case against you dismissed.

If you ignore the foreclosure lawsuit, you give up the right to see what evidence your lender has against you. This will likely result in a default judgment against you and your home being foreclosed upon.

Contact an Experienced Foreclosure Defense Attorney at Loan Lawyers

As you can see, the foreclosure process in Florida is complicated, and the stakes are high. To give yourself the best possible chance at keeping your home, contact the compassionate and dedicated attorneys at Loan Lawyers today.

Foreclosure, bankruptcy, and debt relief are the core areas of our practice, giving us more knowledge and experience than most other Florida law firms. Our foreclosure defense lawyers know the ins and outs of Florida foreclosures. We can provide high-quality legal defense for those facing the loss of their homes. We’re proud of our many success stories during our time in practice, and we’ll do whatever we can to prevent you and your family from losing your home. To get started, call our office today to schedule your free initial consultation, or you can visit our contact page.

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