South Florida Mortgage foreclosures have reached unrealized levels. In fact, Florida is one of the top five states in number of foreclosure filings. If you are facing a mortgage foreclosure you are not alone and you should not participate in the process alone.
Most banks in Florida are represented by a handful of foreclosure law firms who specialize in this area of the law. Even though, Florida has a judicial foreclosure process, these law firms’ goal are to get you out of your property as quickly as possible through an automated and expedited process. When facing a foreclosure, you may believe that you have no options. You simply fail to respond to the foreclosure action. Then, the bank obtains a Final Judgment and ultimately your house is set to be sold at a foreclosure sale. In most cases, failing to respond to the foreclosure action is the worst decision you can make. Fortunately, there are several options available to protect the rights of homeowners facing mortgage foreclosure. Remember, if you have been served with a foreclosure complaint, you will probably want to hire an attorney as soon as possible. In the State of Florida, you only have twenty (20) days to respond to this notice. It is vital that you meet with a knowledgeable foreclosure defense lawyer to discuss the legal options available to you.
Be watchful of so called foreclosure defense lawyers who claim to specialize in this complicated area of the law. Because the foreclosure filings in Florida have dramatically increased over the last year many lawyers are jumping on the band wagon and claiming to be what they are not. We strongly recommend that you hire an expert, someone who is board certified in real estate law. Some points to look for are as follows:
1. How long has the attorney practiced real estate law.
2. You want an attorney that also practices real estate litigation, not just a lawyer who does real estate closing and is now doing litigation because closings are far and few between
3. Ideally, you want your lawyer to be board certified by the Florida Bar in real estate.
4.You want to inquire of your lawyer if he is licensed by any title insurance to offer title insurance in the state of Florida because this means that your lawyer has had advanced training in the origination of a loan. In Florida, there have been many fraudulent loans originated and an understanding of the origination process is important to better develop your defenses to a foreclosure action.
5. You want to ask your lawyer if he is familiar with certain lending laws such as the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA) and the Florida Fair Lending Act.
Positive answers to the above questions will help you in hiring the right lawyer for you.
Ray Garcia Board Certified in Real Estate Law by the Florida Bar http://www.raygarcialaw.com
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