Common Defenses to Foreclosure in Florida

Common Defenses to Foreclosure in Florida

Florida is a judicial foreclosure state, which means that your foreclosure action will be automatically brought before a judge.  You may be able to put the  action on hold pending court review if you can successfully challenge the foreclosure with one or more of the following defenses:

Mortgage Ownership – The foreclosing party must be able to prove it owns the mortgage, and if your mortgage has been bought and sold by a number of different lenders over the years – a common occurrence these days – the foreclosing party must have the documentation to prove they are the owner of your mortgage, which can be difficult for them to do.

Military Duty – If you are a member of the military and are on active duty, the Servicemembers Civil Relief Act (SCRA) provides you with an automatic one-year postponement of the foreclosure proceeding if it was initiated while you were on active duty.

Unfair Lending Practices – If you find that your lender violated either federal or state consumer protection laws, you may be able to successfully fight your foreclosure.

Mistakes by Mortgage Servicer – Many lenders contract with mortgage servicers to manage payments and enforce the mortgage terms.  If your mortgage servicer has made a serious error in handling your account, this may be justifiable cause to stop your foreclosure.

Unfortunately, when it comes to foreclosure, the lender and the judicial system may perceive you as just one of thousands, a number instead of a real person with a real problem. A Florida real estate lawyer can explain all your options to you, cut through the clutter of working with your lender, or even advise you of alternatives you may have not considered. The important thing is not to wait and do nothing — this could expedite the process and cost you your home.

Jurado & Farshchian, P.L. assists homeowners who are dealing with distressed loans, refinance transactions, loan modifications, short sales, and foreclosures. Contact one of our experienced Florida real estate attorneys at (305) 921-0440, or email us at info@jflawfirm.com.

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