Ways to Fight An Altamonte Springs Foreclosure

Your home is your castle, your temple, or simply the place where you can relax after a long day of work or watch your children grow. Therefore, receiving a notice of a potential foreclosure is massively distressing. Often, our law office’s clients come to us with questions such as “Where will I go?” “How will I shelter my family?” and “How can I fight this!” As one of the leading foreclosure defense attorneys in Altamonte Springsand the surrounding counties, attorney Charles Dehlinger has witnessed the devastating effects of foreclosure on hard-working men and women and their families.

Fortunately, when you receive a foreclosure notice, all this means is that the fight is on. Using years of experience helping individuals successfully defend against a foreclosure, our law office will employ any measures possible to put up a strong defense and help you keep your home. We can guarantee empathetic representation, responsive communication, and industry-leading defense strategies.

Understanding the Foreclosure Process in Florida

It may be a cliche, but “know your enemy” is certainly an important aspect of foreclosure defense cases. If you suspect a foreclosure on your home or property, it is essential to study up and understand how the foreclosure process works in Florida. To help save you some time and give you a good place to start, we included a brief overview of the foreclosure process in Florida below.

In general, foreclosure cases vary based on the details of the property, the lender, the borrower, and so forth. Nonetheless, a typical process in Florida may commence as follows:

  • To initiate a foreclosure motion, the lender will file a lawsuit and arrange a summons for interested parties in the property. If you receive the summons, you have 20 days to respond with an answer denying or admitting to the allegations in the lawsuit. Failure to    respond results in automatic foreclosure.
  • If one or more individuals (defendants) answer, the foreclosure process enters the discovery stage. At this stage, each party investigates the case, looks through documents, provides written answers, and, in some cases, provides sworn, witness testimony.
  • Next, one or more parties may ask the ruling court to provide a summary judgment, which grants partial or full victory to one side.
  • If any facts remain in dispute at this point, the case goes to trial.
  • If the lender wins, the home can be sold at auction.

If the homeowner defaults, the court could settle the foreclosure within 90 days. Otherwise, the process can take months or even years.

Ways to Fight a Foreclosure

As mentioned in the foreclosure process listed above, it is essential to respond to the court’s summons within 20 days. Failure to do so could mean that you automatically lose the case. This is true even if the claims in the lawsuit are completely falsified. Therefore, the most important step in fighting your foreclosure is to respond to the summons.

Providing this answer, unfortunately, is only the very beginning to fighting an Altamonte Springs foreclosure. Although there are many strategies, all of which are dependent on the details of the case and the lender’s claims against you, most foreclosure defenses follow two paths, including defense and counterattack.

The defense method makes the lender produce evidence to support every one of his/her claims. In some cases, this has led to the court throwing out the claim entirely. A counterattack is useful if we can prove that the lender violated one of Florida’s many laws governing lending practices. Proving such information could result in a reduced amount owed or a dismissed default. In some cases, more severe violations can bar the lender from foreclosing your home.

Reasons to Fight a Foreclosure

If you missed mortgage payments and the lender didn’t make a mistake, could prove his/her claims, and didn’t violate any laws, then it is substantially difficult to win a foreclosure. Even so, fighting a foreclosure may buy you time and a breath of fresh air. Furthermore, fighting the foreclosure can also force the bank to come meet you at the negotiating table, where you may be able to discuss alternate solutions.

It is important to remember that most banks and lenders don’t want to kick you out of your home, and fighting a foreclosure can give you the chance to stay in your home while reminding the bank that they will get their money.

Call Attorney Charles A. Dehlinger for Your Foreclosure Defense

When you receive a foreclosure notice, it can feel as if your world is falling apart. At our law office in Altamonte Springs, we’ve had numerous clients come to our office in a panic, not knowing what they should do but already expecting the worst. Fortunately, a foreclosure notice is not the end of the world, and by contacting an experienced and empathetic foreclosure attorney, we can help calm your worries by providing practical legal strategies that could help you keep your home.

To speak with Altamonte Springs foreclosure attorney Charles A. Dehlinger, make sure to call our law office at (407) 682-4402 or (407) 496-8687. Free consultations available, whether at our office or by phone. Call today and fight for your home!

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