FREQUENTLY ASKED QUESTIONS ANSWERED BY US IN VIDEOS
Foreclosure
- I was just served with a summons and foreclosure complaint. What do I do?
- What is a loan modification?
Debt Collection
- How can I stop a debt collector from contacting me in Florida?
- I am being sued for a debt I do not owe. What do I do?
Bankruptcy
Additional Questions Answered in Writing
1. What is a foreclosure?
Foreclosure lawsuit is a civil action where a secured creditor or noteholder sues a borrower to liquidate any collateral (usually real estate) that secures a promissory note. If successful the creditor or noteholder will receive money from the foreclosure sale to satisfy what remains of the borrower’s obligation pursuant to the promissory note.
2. What can I do if I’ve fallen behind on my mortgage payments?
There are many options available to a homeowner how has stopped making payments on their mortgage. Your particular situation will determine which of these options are available to you, so it’s important that you speak with a qualified South Florida Foreclosure Defense attorney to find out exactly what your options are. Some of the options available to you may include:
- Remain in your home until the completion of the foreclosure lawsuit and possibly longer;
- Continue collecting rental payments on your property until the completion of the foreclosure;
- Negotiate a Loan Modification to extend the life of your loan and possibly reduce your payments;
- Negotiate a settlement with the bank where you receive Cash in exchange for a consenting to the foreclosure;
- Sell your home to satisfy the outstanding debt;
- File for Chapter 7 or Chapter 13 Bankruptcy protection.
South Florida Litigation Attorneys protect homeowners and the community
3. Can I win my foreclosure lawsuit?
It is absolutely possible for a homeowner to win a foreclosure lawsuit. Foreclosure lawsuits are dismissed regularly because the bank cannot prove essential elements of their foreclosure claims. Experienced foreclosure defense attorneys have many defenses they can use to fight a foreclosure action. Your particular circumstances may give you a great chance to win, so contact Light & Gonzalez, PLLC to speak with a South Florida Foreclosure Defense attorney to discuss your legal matter.
4. How long does the foreclosure process take?
The time for a bank to complete the foreclosure process can vary depending on a number of factors within and beyond your control. In our experience, if a homeowner does not hire an attorney to represent them, the foreclosure process with be completed more quickly, which means the homeowner will have to leave their home sooner. Defending your foreclosure lawsuit will cause the foreclosure process to take more time, which means you will be able to stay in your home longer. Contact the South Florida Foreclosure Defense attorneys at Light & Gonzalez, PLLC to schedule a free consultation to learn more about the foreclosure process, and how long you may be able to stay in your home.
There are a number of defenses key to winning a foreclosure lawsuit
5. Can I remain in my home during the foreclosure?
Generally speaking, it is not until the very end of the foreclosure process that a homeowner may lose possession of their home. This means that while the foreclosure lawsuit is ongoing, and sometimes even while the case is on appeal, homeowners are able to stay in their homes. Depending on where you are in the foreclosure process will determine how close you are to losing possession of your home. Contact us today to find out more about your legal rights.
6. What about Bankruptcy?
Bankruptcy is a great tool for many circumstances, but it may not be the best option for you. It may delay your foreclosure, but it may also inhibit your ability to defend your foreclosure. If you are unable to negotiate a modification plan filing for bankruptcy may even result in a faster foreclosure.
It is important to speak with a Bankruptcy attorney to discuss your options. Contact us today to schedule a free consultation.
7. Does it matter where my property is located?
We are accepting cases in Miami-Dade, Broward and Palm Beach County.
8. Do you accept credit cards?
We accept all major credit cards.
