Foreclosure Defense

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We Handle the Following Matters:

  • Deeds in Lieu of Foreclosure
  • Forbearance Agreements
  • Foreclosure Defense- Residential and Commercial
  • HAMP Modification
  • Loan Modifications
  • Loan Negotiations and Workouts
  • Note Reinstatement
  • Short Sales

Our team of lawyers can assist you in defending your rights in a home or commercial foreclosure proceeding. Even if no lawsuit has officially started, we can try to prevent it from starting, and start working with your lender before things get worse. When you’ve lost your job, your business has failed, or you have simply become unable to make your home payments any longer, consultation with an attorney who is experienced in foreclosure defense could mean the difference between losing and keeping your home.

The residential home mortgage industry is regulated by codified laws and court cases. This includes the Real Estate Settlement and Procedures Act, the Truth in Lending Act, and the general common law on mortgages and real estate transactions. The federal and state law on mortgages and real estate can be extremely complicated. Therefore, it is not advisable for a person to attempt to defend their foreclosure by writing a letter the judge. We have had many clients come to us who received their foreclosure papers, and had done nothing except write a letter to the judge. By the time they came to their office, things we could have done for them were no longer possible. Don't delay, consult with a lawyer today to seize every right possible. Delay can only hurt your defense.

For corporations or sophisticated individual investors holding one or more commercial and investment properties, your rights as a borrower are often diminished due to the lack of additional consumer protections. Even so, there may be options to rescue a failing commercial or rental property that you are interested in maintaining. This might include special bankruptcy proceedings.

If you do nothing except write a letter to the Judge in a foreclosure action, without professional representation, you might not even get a hearing in your case. You would be helpless in the face of a judgment being filed against you, with an imminent sale of your property.

A detailed analysis of the contracts you signed will be performed by our attorneys, coupled with a careful review of every statute and federal regulation is necessary to determine whether violations occurred in the original sale. After determining any violations, we can vigorously defend your rights and can possibly help you keep your home. Even with no violations in the original transaction, sale, mortgage, note, disclosure statements, or other closing and originating documents, there are still many things we can do.

A loan modification and negotiation of the terms of your note may be the best option. This could include an alteration of the total principal balance, interest rate, or a different application of payments (i.e. you pay less now and more later) than that originally contemplated in the original note.

The HAMP residential loan modification program is sponsored by the Federal Government. Under this program, certain banks have obligated themselves to work with you if you are behind on payments and specified conditions are met. We can determine your eligibility.

A deed in lieu of foreclosure can protect your credit and make sure no one comes after you later for any difference between the amount you owed and the sale of the property.

You can also work with our short sale lawyers and network of real estate professionals to attempt to sell your home on the market without having to worry about the bank coming after you for the difference.

In the unlikely event that all else fails, we can at least ensure your transition out of your home is orderly, and that you have the time you need to prepare to move into a new residence. This could help you save substantial money, because if you can't work something out with the lender you won't be making mortgage or rental payments for as long as we are defending your case and your property.

Also, keep in mind that we don't only practice foreclosure defense. We also practice bankruptcy work and credit repair. Thus, we can work with all your lenders (home and credit cards) to develop a combined payment arrangement that meets your financial resources and needs. If all else fails, we can consider bankruptcy options (whether Chapter 7, 11, 12, or 13).

If you are a homeowner facing foreclosure on your only home, the possibility of losing your home can be very difficult emotionally and financially. Depending on your financial situation, we have very affordable payment plans that can allow you to obtain the legal representation you deserve. You owe it to yourself to fight for your rights and use all available legal defenses. Our legal team is standing by to assist you with a free consultation.

The Bartlett Law Firm practices throughout the entire state of Florida. If you are far away from one of our offices, our attorneys will go and visit you for your initial consultation. Call us today to set up a time and place.