Foreclosure Defense
In Florida Foreclosure Defense Law is broken down into two general type of cases.
- A Foreclosure Defense based on a fraud, illegitimacy of debt owed, or other type of affirmative defense where the mortgage holder is not the bona fide owner of the alleged debt.
- A Foreclosure Defense which seeks extensions of time, modifications, short sales, government qualified programs or other internal programs offered by the particular lending institution or creditor.
The foreclosure defense cases where there is a bona fide affirmative defense are rare. Many of our clients come see us with the incorrect notion that if the bank has sold your note to another or even if the bank cannot find or produce the original note, that a foreclosure defense will permit them to have their home for free. This is incorrect. Florida provides many legal mechanisms for a lender to recover their fees if they can show that the money was lent at the request of the home owner. This is so, even if the lender cannot show or produce the original lending instrument. However, the existence of fraud in a mortgage does happen, and banks do make all kinds of recording and accounting errors. If that happens you will need an experienced attorney, such as our Law Firm, to represent you and protect your legal interests .
99% of the foreclosure defense cases deal with mediation, negotiations and a management of the Court Docket to make sure you have the best opportunity and time to negotiate a fair resolution to your particular situation. Countless programs exist or have existed including, HARP 1, HARP 2, HAMP 1 and HAMP 2, Private SAM, rate reductions, term increases, and in some unique cases, debt reduction write-offs. The law and programs available to owners who are in arrears are constantly changing or are being modified. Moreover, programs are often specific to the lender's policies and procedures and also are oftentimes geographically tailored based on your county of residence, city of residence, and even town of residence. This is why an experienced local attorney experienced in foreclosure defense law is necessary. Our Boca Raton Law Firm is experienced in addressing foreclosures in Dade, Broward, and Palm Beach Counties. Attorney, Maurice Arcadier, Esq. MBA, is a Florida Supreme Court Certified Foreclosure Mediator and has extensive experience negotiating with banks and their lawyers.
In these types of foreclosure defense cases we can represent your interests by asking the Court to give you the necessary time to get your financial affairs in order. We can represent you at all mediations and explore allavailable refinancing options and programs available tailored to your particular situation.
In some foreclosure cases, the use of the bankruptcy laws can be a tool to further negotiate with the bank, to eliminate a second mortgage, and to reorganize all your debt. Our Boca Office has experienced bankruptcy attorneys to help you if a bankruptcy is in your best interest.
Our Boca Raton Law Firm handles Foreclosure Defense Law cases, usually, on a flat fee basis of $1,500.00. If we accept to take your case on a flat fee basis, the flat fee includes all costs and all attorney fees from the time you retain us through the mediation or Summary Judgment. This permits you to have competent legal representation to protect your interests for the total cost of one mortgage payment or two.
In any event, if you are going through a foreclosure defense, or if foreclosure defense litigation is anticipated, you are well advised to seek the consult of an experienced attorney or law firm in this matter. Don't go it alone. You may contact our Boca Raton Office to get more information or to set up an appointment to discuss in person or by phone the particulars of your foreclosure defense.