Foreclosure Defense & Short Sales

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. Their goal is 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.

The Law Office of Ray Garcia, P.A. is headed by attorney Ray Garcia, a Board Certified Real Estate lawyer. Mr. Garcia is an expert in real estate law. He has been involved in real estate litigation for over eleven years and has been helping homeowners defend their homes since he began practicing law.

Be watchful of so called foreclosure defense lawyers who claim to specialize in this complicated area of the law. Because the foreclosure filings 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. At the Law Office of Ray Garcia, P.A. we will provide you with quality foreclosure defense, loan modifications and even pre-emptive action based on a lender’s predatory lending practices in order to assist you in preventing the foreclosure of your home. We will assert your rights against mortgagees and lenders and seek to prevent the foreclosure of your mortgage by providing a quality legal defense and negotiations with your lender.

Remember, you have the right to defend your home and we have different programs available to suit your needs. Contact us for a free consultation and discuss all your options. The sooner you seek legal advice the better positioned you are to defend your foreclosure.

Our Senior Attorney, Ray Garcia, wrote a chapter in a book called Strategies for Defending Florida Foreclosures. Click here to learn more.

Key Steps in the Florida Foreclosure Process

More Information

  • Truth in Lending Act:

Truth in Lending Act (TILA) 15 U.S.C. §1638 is largely a federal disclosure statute that requires those companies who are extending credit to a borrower or potential borrower to make certain disclosures that give notice to the borrower of the true terms of their loan. TILA is meant to insure that borrowers are informed of all of the terms of the loan before they take out the loan and can make an informed decision.

Short Sales

If you owe more money on your mortgage than your home is worth and you want to sell your home in order to avoid foreclosure, a short sale may be the solution.

Being “underwater” on your mortgage (owing more than the home is worth) is a stressful and unfortunate situation, but it’s very common in today’s distressed economy.

In this circumstance, especially if you are unable to afford your mortgage payments, selling the home to another owner may be your best option. This process, known as a short sale, is extremely complex and requires the attention of an experienced attorney.

At the Law Office of Ray Garcia, we have experience guiding clients through the short sale process. If you’d like assistance in this manner, please give us a call at 305-227-4030 or email us at to schedule a consultation.