Losing your house to foreclosure is a dangerous thought. It doesn’t matter if you’ve only had the house for a few months or if you’ve lived there for years. It doesn’t matter if you’ve just moved into the area and are settling in, enrolling your children in schools, and socializing with new neighbors, or if you’ve raised your family there and are still savoring the recollections of those who have left the home and those who have gone.
Stopping a Florida Home Foreclosure
Florida is a state that allows for judicial foreclosure. As a result, a bank or homeowners’ association attempting to foreclose on a house must first obtain a judge’s approval. The case must be brought to the circuit court at the location of the property. All mortgage foreclosure proceedings in Florida must be handled in a court of equity, according to state law. Instead of relying solely on legal defenses, courts of equity are allowed to use equity principles (fairness). As a result, the judge can examine the bank’s actions that would make the foreclosure unjust.
The homeowner will have the option to present defenses and fight the foreclosure during the court procedure. The bank is represented by an attorney; you have the option to have one represent your interests and assist you in reaching a reasonable resolution.
The Defence of Unclean Hands in Florida
The defense of unclean hands is one of the many popular defenses to stop a foreclosure. If the bank has unclean hands, a foreclosure proceeding must be rejected, according to Florida case law. The bank’s obstructive intervention is an example of unclean hands. If there is proof that the bank wrongfully interfered with the loan’s enforcement, the foreclosure should be refused.
The homeowner must prove a fraudulent or unlawful transaction to prove unclean hands. Alternatively, show that the mortgage company acted in an unjust, unconscious, or oppressive manner when it came to the loan.
Right of Redemption
The court determines the deadline for Florida foreclosure in general. In Florida, an uncontested foreclosure generally takes 180 to 200 days. If the borrower contests the foreclosure or files for bankruptcy, the timeline may be extended even further. In Florida, a “Right of Redemption” permits a foreclosed house owner to regain their property by paying the full amount owed plus fees.
Hire a Foreclosure Defense Attorney in Florida
When homeowners fall behind on their mortgage payments, their houses are in danger of being foreclosed on. Whatever the cause of your financial troubles or inability to fulfill your mortgage servicing responsibilities, you must move quickly to preserve your rights as a consumer and put yourself in the best possible position to maintain your property. A foreclosure lawyer can assist you in defending yourself against the foreclosing party.
Whether you are just worried that the bank will start foreclosure proceedings or you are already in the middle of one, you need to hire a committed Florida foreclosure attorney at Marrero, Chamizo, Marcer Law, LP who can ensure that you understand your loan documents, real estate law options, and rights, and who will fight to protect those estate law rights to avoid foreclosure.