Florida Foreclosure Defense: Understand Your Options

These days, homeowners are challenging foreclosure actions and succeeding at higher levels than was normal even a couple of years ago. This trend is due, in a large part, to the revelation of fraudulent actions, predatory lending practices, and other questionable tactics on the part of lenders. Courts that formerly sided with lenders are now receptive to foreclosure challenges and decisions favoring homeowners are becoming more common.

When planning a defense to a Florida foreclosure action, you need to understand your options. When a lender initiates a lawsuit, you typically have twenty days to respond, and it’s important to retain an attorney with experience in these matters to establish a viable defense. Below are several examples of foreclosure defense strategies that may be helpful in your situation.

  • Unconscionable mortgage terms.  It’s not enough to argue that the foreclosure isn’t fair: you have to be able to justify your position in a way that has legal precedent, and proving unconscionability meets that criteria.  The terms of your mortgage must be so unfair that the judge can’t in good conscience force you to abide by them.
  • You are a service member on active military duty.  Active duty members of the U.S. armed forces are protected by the Servicemembers Civil Relief Act (SCRA). If foreclosure proceedings are initiated against you, you can request a postponement from the court in writing.
  • The lender did not adhere to Florida state procedures. If the foreclosing party does not follow state procedural requirements, you may be able to challenge their action. If you are successful, the court will order the lender to start over.

If you’re facing foreclosure, it’s critical that you have an experienced attorney on your team. If you’d like to discuss your options and evaluate possible strategies to defend against foreclosure proceedings, we’re here to help. Please contact us today to learn more.