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Foreclosure Law in Orlando Our mission is to help people out of debt, and we don't take shortcuts

Orlando Foreclosure Attorney

Fighting Against Foreclosure in FLORIDA

For many people, owning a home is a very important part of creating a stable and secure family. Unfortunately, it can work out to do just the opposite in some situations. Faced with overwhelming debt and insane mortgage rates, many families find they are unable to cope.

How to Stop Foreclosure

There are a few ways a foreclosure defense attorney can help you stop foreclosure. Even if you have received a Notice of Default (NOD) you still have options!

Common ways to stop the foreclosure process:

  1. Mortgage workout -- some lenders may be willing to come to a compromise on your mortgage rather than take your home via foreclosure.
  2. File for bankruptcy -- as soon as a petition is filed, debt collectors, including mortgage lenders, are prohibited from collecting. Foreclosure is considered a collection activity, so it is stopped.
  3. Short sale -- if your home is on the market, continue to seek a buyer, even after your lender has started the foreclosure process. if you receive another offer, your lender must consider it.

The banks don't skip a beat in foreclosing. After all, in some cases the bank's outrageous home loans are what helped cause the situation in the first place! If you are facing the possibility of losing your home, our Orlando foreclosure defense attorneys have a thorough understanding of the law and may be able to help.

We are dedicated and compassionate about helping Floridians improve their financial situation. If you need help, call (407) 378-5488 to schedule a free consultation with an Orlando foreclosure defense lawyer from the Law Offices of Joseph J. Mancuso.

The Florida Foreclosure Process

A lender must wait until the borrower is at least 120 days delinquent before filing for foreclosure. Most mortgages in Florida have a clause requiring the lender to first send a breach or demand letter to inform the borrower that they are behind on mortgage payments and the loan is in default. This letter must include the date by which the default must be resolved.

If the default has not been resolved by the specific date, the lender can proceed with the foreclosure case. In the state of Florida, foreclosures are judicial. This means that the lender must first file their foreclosure case to be processed in the court system.

Below is an overview of the foreclosure process in Florida:

  • The lender first files a complaint with the state court, which is served with a summons to the borrower.
  • The borrower has 20 days to file an answer.
  • If no response is received, the court can provide a default judgement and the borrower automatically loses the case. Borrowers file an answer prevent the lender from obtaining a default judgement.
  • The lender can then either file a motion of summary judgement, meaning the court will rule in favor of the lender assuming there is no dispute to the facts of the case, or take the borrower to trial.
  • If the court grants summary judgment for the lender or the borrower loses at trial, the home will be sold at auction.

How The Law Offices of Joseph J. Mancuso Can Help

With all the foreclosures, home loan and mortgage scandals in the news, it is vital that you have the skilled representation of an Orlando foreclosure attorney. Whether you want to stop a foreclosure with Chapter 13 bankruptcy protection or get out from under a mortgage that is strangling your finances, our firm in Central Florida may be able to negotiate with lenders on your behalf.

At the Law Offices of Joseph J. Mancusco, PA we have helped clients with short sale, mortgage modification, repossession defense, wrongful foreclosure, and other issues surrounding home ownership and loans. Foreclosure lawsuits can be stressful, but having the help of a lawyer that will look out for your best interests can make all the difference.

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Contact our firm in Orlando, FL to speak with a foreclosure defense attorney today!

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