What to Expect at a Foreclosure Trial

If you are underwater on your mortgage, you may be facing foreclosure. Foreclosures can happen either judicially (in court) or non-judicially (out-of-court). Non-judicial foreclosures are typical of loans that are secured by a trust while judicial foreclosures are common in loans that are secured by a mortgage. If your loan was secured by a mortgage, you will probably have to go through a foreclosure trial. In this article, we are going to ...
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A Brief Overview of the Foreclosure Discovery Process

Discovery is a crucial weapon against the banks, when they are looking to acquire your home through foreclosure. It entails requesting information that is relevant to the lawsuit from the other party, including any evidence they have that suggests they are entitled to your home. Here is a brief overview of the foreclosure discovery process. Types of Discovery 1. Interrogatories – these are general questions you ask the bank. For example, ...
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Know Your Rights in the Foreclosure Process

Falling behind on your mortgage payments is a scary experience, and if it gets to the point where you are either in foreclosure, or at risk of it, it is important to know all of your rights. There are many laws and regulations in place designed to help ensure consumers are treated fairly and given the opportunities needed to get back on track financially. The following are some of your most important rights that you need to be aware of. You ...
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Understanding Florida’s Foreclosure Rescue Fraud Prevention Act (FFRFPA)

Given the high number of foreclosures that take place in Florida, it is really no surprise that there are many people who try to take advantage of the situation. One of the ways that this can happen is through fraudulent foreclosure rescue programs or services. When someone is in foreclosure, or at risk of foreclosure, they are typically going to be under a lot of stress, and are afraid that they will lose their home. Criminals can prey on ...
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Finding Another Way: 4 Alternatives to Foreclosure

Getting behind on your mortgage is sometimes easier than you might think due to unemployment or unforeseen expenses that pop up. If you’re worried that you might lose your home to foreclosure, remember there are many options available to help you get caught up. If getting current on your mortgage is beyond reach, one of several solutions might work for you. Let’s explore 4 alternatives to foreclosure and some of the potential side effects they ...
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A Step-by-Step Guide to Florida Residential Foreclosures

Almost all foreclosures will of course begin with the homeowner missing payments on their mortgage. Usually, the lender will not take action against you until you have missed three payments. Once this occurs, the official foreclosure process will begin. Step 1 - The homeowner will be served with a breach letter from the lender stating that they have defaulted on their loan. Mortgages include an Acceleration clause which allows the lender to ...
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5 Steps You Can Take to Avoid Foreclosure

In this world, bad things frequently happen to good people. Maybe you were in a car accident and suddenly unable to work. Maybe your company downsized and you were laid off. Whatever the reason, if you suddenly become unable to make your mortgage payments, you will find yourself in danger of foreclosure. If you stop making mortgage payments, your lender can legally force a sale of your home for the purpose of recovering the amount of the loan ...
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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 ...
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Five Reasons to Consider a Short Sale as an Alternative to Foreclosure

No homeowner desires foreclosure, but in today’s uncertain economic climate, many people end up losing their homes. Foreclosure proceedings can be drawn-out, stressful, and a tremendous strain on a homeowner’s credit, assets, and savings. Fortunately, an alternative exists for some people facing foreclosure. A short sale is a real estate transaction in which the bank lets a homeowner sell a property for less than what they still owe on it. ...
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Facing Eviction? Know Your Rights… Your Landlord Can’t Just Throw You Out!

Are you worried about being evicted? If so, we understand the stress that you are experiencing. The good news is that you DO have rights in this process. In today’s blog entry, we’re going to shed some light on the process of eviction and highlight your rights as a tenant. If you’re facing eviction, it’s important to speak to an attorney – and we can help! The process begins when our landlord gives you an eviction notice, which details how much ...
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