Foreclosure Attorney

A Proactive Approach to Foreclosure Litigation

South Florida Foreclosure Attorneys

Lender & Borrower Representation – Experienced Foreclosure Law Firm

A knowledgeable and experienced foreclosure attorney must have an deep, working knowledge of Florida foreclosure laws to provide competent legal counsel. Under Florida law, foreclosures are “judicial,” meaning that the only way for the lender to foreclose on the property is for the lender to file a lawsuit. In this sense, borrowers in judicial foreclosure states like Florida (as opposed to non-judicial foreclosure states) are afforded considerably more protection. People or businesses that take out a loan to purchase property in Florida will typically sign a mortgage and a promissory note. The mortgage is the security instrument which gives the Lender the power to institute foreclosure proceedings when the borrower goes into default on payment. The promissory note is the the “I Owe You” which delineates the borrower’s obligation to repay the loan and the terms of such repayment. Foreclosure is the legal process by which a lender exercises its right to obtain a judgment to sell the property that is the subject of a mortgage at a judicially ordered foreclosure sale to satisfy the borrower’s default on the terms of the loan. When a borrower fails to make a loan or mortgage payment, the borrower is deemed to be in default of the mortgage and note. After the borrower goes into default, the lender will institute foreclosure proceedings in the Court in which the real property is located. The foreclosure process is different from state to state.

As South Florida foreclosure lawyers with more than 45 years of combined experience in real estate law, bankruptcy law and commercial litigation, the foreclosure lawyers at Edelboim Lieberman Revah Oshinsky PLLC stand ready to deliver skilled legal representation to Lenders and Borrowers alike in Florida foreclosure proceedings.

Our foreclosure attorneys know how to navigate foreclosure lawsuits to maximize the benefit to our clients. Whether you are a homeowner facing foreclosure and want to know how to save your home, or a Lender attempting to foreclose on a borrower that is in default, we can provide the effective legal counsel you need. To learn more about judicial foreclosures in Florida, check out this free legal resource.

Contact our foreclosure team at (305) 768-9909 today and receive a free consultation

Representing South Florida Property Owners in Foreclosure Proceedings

If you have been served with a foreclosure lawsuit, you have only 20 days to respond. Failing to respond within this time period will five the lender the right to obtain a default and then a final judgment that will allow the lender to sell your home at a public auction. There are alternatives to foreclosure and ways that you can save your home. Our foreclosure attorneys can talk to you about your specific financial situation to determine the right approach.

We can discuss such alternatives to foreclosure as:

  • Short sale;
  • Loan modification;
  • Deed in lieu of foreclosure; and
  • Filing Chapter 7, 11 or 13 bankruptcy.

When a borrower misses a loan payment, most loans provide a grace period after which time the loan services will assess a late fee. Borrowers should look at their promissory notes to determine whether the loan services are correctly accounting for any past due payments. in some cases, Federal mortgage servicing laws require the loan servicer to make contact with the borrower before a foreclosure suit is filed. The lenders will then offer borrowers an opportunity to discuss mitigation options, payment plans, or modifications of the loan with the servicer. Generally, federal laws require the lender or loan servicer to wait until a delinquency has continued for more than 120 days before filing suit for foreclosure. Borrowers should take care to carefully document everything they receive from the subject lender(s). More particularly, defaulting borrowers should be on the lookout for the Breach Letter, which usually just specifies that the borrower is in breach and default of the loan, specifies a cure period, and specifies that the failure to cure the default during such period will result in acceleration of the remaining amount of the loan. We can also defend your interests in court if foreclosure proceedings have been wrongly initiated.

Skilled Foreclosure Counsel for Lenders

With our experience in the financial and real estate industries, our team provides skilled counsel to banks, lenders, and other financial institutions seeking the enforcement of loan documents against defaulting borrowers. We will initiate foreclosure proceedings and provide experienced representation throughout the process to seek a timely  outcome.

Call Edelboim Lieberman Revah Oshinsky PLLC today at (305) 768-9909 to speak with a foreclosure attorney and receive a free review of your legal matter.

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