If you own a home and have fallen behind with your mortgage payments, you are at risk of losing your home. Many people who are facing financial trouble become terrified and dismiss it. That’s exactly what is not to be done. At Marrero, Chamizo, Marcer Law, LP, our Miami Foreclosure Defense Lawyers have been recognized by the City of Miami for successfully helping thousands of clients avoid foreclosure and save their homes. We can help you.
Whatever the cause of your financial problems or failure to make your mortgage payments, you must take proactive steps to safeguard your right to homeownership. Our Miami Foreclosure Defense Lawyers will help you do so.
What Can Our Miami Foreclosure Defense Lawyers Do?
Florida is a judicial foreclosure state, which indicates that before foreclosing on a home, the bank must go to court and obtain court approval. While the foreclosure action goes through the court process, homeowner’s are able to remain in their home. However, only with the help of an experienced Miami Foreclosure Defense Lawyer will you be able to use the defenses provided under the State of Florida and Federal law. Our Miami Foreclosure Defense Lawyers have helped thousands of homeowners in Miami-Dade County and the South Florida areas throughout to defend their interest. Especially, when Foreclosures in Miami Fl were at an all-time high. From using applicable defense tactics, discovery requests, mediations, depositions, opposing summary judgments, and defending cases through trial. As a result, we helped thousands of Clients to retain their homes by acquiring affordable workout options provided by their lenders which have included mortgage loan modifications with reduced principal reductions. We have proudly saved our Clients over $3 Million Dollars in reduced Mortgage Loan Principal & Deferral Reductions.
Here are some examples of Florida Foreclosure Defenses:
- Unclean Hands
The foreclosure defense of unclean hands is one of many promising ways to end foreclosure. According to Florida case law, a foreclosure can be stopped if the bank has unclean hands. Homeowners should exercise caution when attempting to avoid foreclosure using an unclean hands defense. The homeowner must prove a fraudulent/illegal transaction to establish unclean hands. Alternatively, demonstrate the mortgage company’s unjust, unconscious, or oppressive behavior concerning the loan.
- Violating the law
Under Florida Statute §559.715, banks are required to provide written notice to the homeowner each time the mortgage is transferred. The notice required under this statute must be sent to the homeowner within 30 days of the assignment. If the homeowner affirmatively denies the existence of such notice, the court may rule in favor of the homeowner in the foreclosure case.
- Lack of Standing
Standing means that the party suing for foreclosure has the legal right to do so. Before filing a suit, you have the right to require your lender to demonstrate that it legally obtained the right to foreclose on your property. Because large commercial lenders frequently make errors during the transfer of the note and mortgage, this process is beneficial to homeowners in foreclosure. This is a strong defense since this lack of standing prohibits foreclosure.
- Insufficient Notice
Many mortgages require the bank to notify homeowners that their loan is in default before filing for foreclosure. Generally, requires to cure the default must be specified in the notice to the homeowner. Furthermore, the notice must provide at least 30 days to cure the default before the bank can begin the foreclosure process. When a borrower raises this issue as an affirmative defense, the bank bears the burden of proving that the notice was sent to the homeowner.
Contact Our Miami Foreclosure Defense Lawyers Now!
If your mortgage lender is threaten you with foreclosure, get help from the Miami Foreclosure Defense Lawyers at Marrero, Chamizo, Marcer Law, LP. Homeowners have rights and we are here to make sure that our clients have the best foreclosure defense strategy on their side. Whether you want to save your home from foreclosure or walk out the door without being liable for the debt, we can help you. Call Now!