Foreclosure defense orlando,homes for sale in georgiana al,new hampshire real estate for sale by owner va - Review

01.05.2014
There are many options available to assist struggling homeowners including, but not limited to, loan modifications, short sales or staying in the property as long as possible. We know and understand that anybody going through this process feels a tremendous amount of stress and pressure.
For additional information regarding managing your money and alternatives to foreclosures and bankruptcy, you may want to visit the website for Consumer Credit Counseling.  They have been helping homeowners in McHenry and Lake Counties who are struggling under the burden of falling home values and rising expenses. If you have questions regarding the Taxability of Short Sales and Foreclosures, click here for a brief explanation of how these actions may affect you. DISCLAIMER: This website and any information contained herein is solely for informational purposes.
When you need legal representation, call the dedicated and experienced attorneys at Diamond & LeSueur. Florida remains the foreclosure capital of the United States, and outside of South Florida, the Jacksonville Florida metro area is leading the pack. As of February 2013, 1 in every 300 Florida housing units had a foreclosure filing-- more than twice the national average.
One thing is certain and that is there are experienced Jacksonville Foreclosure Defense Attorneys who may be able to help you get back on your financial feet. Once you have decided that you need to hire an experience foreclosure attorney to protect your home from foreclosure, you must decide "What is my goal?" This is paramount because the answer to this question determines what you may get out of putting up a fight against the bank. You might have placed your entire life savings into buying the property and don't want to see your entire savings disappear. Someone looking to modify their loan with a lender might not want to put up a vigorous defense because such a fight would be counterproductive.
You may just wish to protract your foreclosure just long enough to avoid a sale and save your home. In the end each defendant in a foreclosure matter must understand that the Courts frown upon the filing of frivolous defenses in foreclosure cases and any other cases for that matter.
If you need help charting a course of action in a foreclosure matter, contact us online or call the Apple law firm at 904-685-1200.
Once you have been served with a Foreclosure, you must act timely (within 20 days) to preserve your rights.
By defending a foreclosure action, you, along with your attorney, maybe able to negotiate a loan modification with lower monthly payments to help you retain the home. Foreclosure is an important matter that can carry serious consequences long into your future.
Many Florida homeowners find that being involved with a Foreclosure case can be a difficult and trying process. Most people do not deal with foreclosure cases on a regular basis and are at a loss as to what the proper response is.
Those in Jacksonville or around Florida have some protections as the state of Florida has outlawed many of the scams.
It is best to come up with a game plan before your anxiety becomes to high which can make the job of someone trying to help you more difficult.
Generally, the more common solutions include deed in lieu, a short sale (be careful of a deficiency), loan modification, or bankruptcy. If you are in the Jacksonville, Florida area, contact a Jacksonville foreclosure attorney who can help with your case.
For the majority of Jacksonville homeowners a walk around the block means a walk around foreclosure lane.
Fraud is often an ignored defense to a foreclosure lawsuit due to how difficult it is to prove. In order to foreclose on real property in Jacksonville Florida, the owner of the mortgage (i.e.
The affidavits and documents submitted to the court by the bank or mortgage company is generally where the fraud in a foreclosure case is found. A Home Equity Line of Credit, often referred to as a "HELOC," is a loan in which the lender agrees to lend you a certain amount within an agreed period. A HELOC may have a minimum monthly payment requirement that frequently only equals the interest accrued that month. The Protecting Tenants at Foreclosure Act, of 2009 ("Act") is a Federal Law that does just what it suggests; protects tenants whose homes are facing foreclosure.
The Act protects tenants from immediate eviction by new owners of residential property through the foreclosure process (providing additional protections for tenants with U.S. In order to make sure your rights are upheld under the act, it is your responsibility to let the appropriate parties know that you are a tenant covered under this Act.
Many times if a homeowner defaults on his mortgage and finds himself facing foreclosure in Jacksonville, FL it is also likely that HOA dues are also unable to paid. A recent court opinion from the Court of Appeal of Florida, Fourth District, recognized the National Housing Act's prevention loan servicing Requirements as a valid defense to a mortgage foreclosure.
If you believe you may have been entitled to counseling under the National Housing Act but did not receive proper notice, contact a Jacksonville Foreclosure Defense Attorney who may be able to help you determine if this is a valid defense to your St. Predatory Lending: unfair, deceptive, or fraudulent practices of mortgage lenders during the loan origination stage.
Predatory lending encompasses a wide variety of abusive acts by the individuals involved in originating a loan. The Truth and Lending Act (TILA) is a Federal Act that basically requires full disclosure by the lender of all terms and figures, but primarily only protects borrowers refinancing their primary residence. If you have concerns that the practices of the individuals that originated your home mortgage loan rose to the level of predatory lending contact a Jacksonville Foreclosure Attorney.
One big trigger of Foreclosure in Florida that we often see is a Florida Divorce or the breakup of a long-term relationship. As many would think, the sale of the property by the first mortgage company does not automatically take care of the second mortgage.
2.File bankruptcy- Bankruptcy can help you settle other debts you may have including any deficiency remaining after the first mortgage was foreclosed upon, credit card debt, medical debt, etc.
3.If a foreclosure judgment has not already been entered, you can try to negotiate a Deed-in-Lieu of Foreclosure.
Depending on your specific financial situation and where your foreclosure stands, there may me other options still available to you.


If you are behind on your mortgage payments and trying to decide if a Loan Modification is right for you, you must weigh the good benefits with the bad.
A Minneapolis, Minnesota attorney was sanctioned recently for making what the Federal Judge calls baseless claims. Judge Schiltz found that Butler made a business of these show-me-the-note actions, where a Plaintiff files a suit claiming that because the entity that holds a mortgage is different from the one who holds a note, the mortgage on the home and any subsequent foreclosure would be invalid. If you are a homeowner in danger of foreclosure, don't fall prey to the many schemes that give homeowners false hope. In Clay County and around Florida, Foreclosure lawyers often see homes being foreclosed upon without notice to the Florida homeowner. Contact a Clay County Foreclosure Defense Attorney to help you understand how the process works and what your options are. The South Florida metro took a sigh of relief once we learned that South Florida was not awarded Metro with the highest foreclosure rate.
If you find yourself on the receiving end of foreclosure court summons paperwork we can help! There is a common misconception among homeowners that it does not matter what lawyer they hire to defend their foreclosure case. Unfortunately there are a lot for lawyers who say that they do foreclosure defense when all they really do is foreclosure delay. The lawyers who try cases for banks, usually work for foreclosure mills,  where young inexperienced lawyers have 600 to 800 foreclosure cases on their desk.
If you are in South Florida and are looking for help with debt, foreclosure, real estate or want more information about bankruptcy law, call  (754) 400-5150 or fill out the online form for a FREE CONSULTATION.  Let the lawyers and staff at the Law Offices of Evan M. Practicing law since 1997, Evan’s focus is on providing the best possible legal representation to his clients in foreclosure defense, debt defense, bankruptcy, and real estate matters. President of South Florida Foreclosure Defense Lawyers – An invitation only, South Florida group of lawyers who focus their practice on defending those in foreclosure and upholding the rule of law. Member of JEDTI – Jurists Engaged in Defending Title Integrity – An invitation only, statewide group of Florida attorneys who serve others in defense of foreclosure, preserve the integrity of our real property title laws, and fight back against abuse of the due process and lack of adherence to the evidence code and rules of procedure. The Short Story Behind Another Foreclosure Trial Win for a Client of the Law Offices of Evan M. The information on this website is for informational purposes only and is not to be construed as legal advice. This work is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported License. Alliance Legal Group is dedicated to trying to help save your home and financial well being. Unfortunately, some of these options take many months to pursue and many lenders do not stop foreclosure proceedings just because you are attempting one of these options. Many of our clients facing foreclosure feel quite relieved after they have reviewed the various options with us.  Call us today to arrange a free 30-minute initial consultation and take control of your future. A total of 29,800 Florida properties had a foreclosure filing during the month, up 12 percent from the previous month and up 20 percent from January 2012. Whether you are deep in foreclosure or are just recently unable to make your mortgage payments, there has never been a better time to get a experienced lawyer involved in your case.
It is heartbreaking to see just how many of our neighbors have lost their home due to an unnecessary Foreclosure. In order to properly plead fraud, you (the homeowner) or your foreclosure lawyer are required to plead the facts which establish the fraud.
The owner of the mortgage often presents the court with these documents, which are very important to their case, with either robo-signatures (stamped signatures that allow the filing of a high volume of foreclosures, with little or no oversight), or were back-dated (to prove that the plaintiff actually owns the property). A home equity loan generally advances a one-time lump-sum amount up front, often with a fixed interest rate.
The debtor may make a payment of any amount so long as it is greater than the minimum payment but less than the total outstanding debt. The purpose behind the Act is to ensure tenants facing eviction from a foreclosed property have adequate time to find alternative housing. This may require you to file with the clerk of court a document (accompanied by a hard copy of your lease agreement if you have one) stating you are a tenant protected under the Act.
The court of Appeal of Florida, Fourth District, is headquartered in West Palm Beach and includes Palm Beach County, Broward County, St. Johns foreclosure as well as whether any other defenses may be applicable to your foreclosure.
Predatory Lending is separate and apart from Predatory Mortgage Servicing, which occurs post origination.
If the facts and circumstances surrounding the loan, taken as a whole, rise to the level of predatory lending you may be entitled to relief from your mortgage.
Under the Florida Fair Lending Act, a lender may "forfeit the entire interest charged in the high-cost home loan or contracted to be charged or received, and only the principal sum of such high-cost home loan can be enforced in any court in this state, either at law or in equity." Fla.
A borrower can bring a suit up to one year after the loan's origination, and up to three years if facing foreclosure.
If you are facing foreclosure, you will still have to work together in order to save the home.
Both parties will remain liable for the debt unless one party is able to re-finance the loan in his or her own name.
If there is a divorce decree stating one party will be financially responsible for the mortgage then fails to make the required payments, the divorce decree can be enforced in Court.
When the homeowner falls behind on the mortgage payments and the home is foreclosed on by the primary mortgage company there can be many questions regarding the second mortgage. A Loan Modification will add all your missed payments, together with all late charges and interest, into a modified loan with a new principle balance.
The Courts in Minnesota have addressed this argument in the past and each time it has been rejected, yet Butler continued to advertise this service to clients over the Internet. Make sure to work with an experienced Foreclosure Defense Attorney by inquiring about their past success.
In Clay County and around Florida the law requires lawsuits be served on all defendants to make them aware of suits against them. Before you decide, ask us to send you free written information about our qualifications and experience.


He has assembled a caring and highly skilled legal team that shares in a common philosophy and purpose; focus on serving the clients first and allow everything else to follow from there.
If you need a proven and aggressive foreclosure defense attorney, CLICK Below Now for a FREE Consultation! This is why it is important for you to be aware of all of your options as early as possible in this process.
Florida's attorney general stated, "On numerous occasions, false affidavits and fabricated documents have allegedly been presented to courts in foreclosure actions to obtain final judgments against homeowners." As a result of the fraud occurring in courts throughout Florida including Jacksonville foreclosure cases, many foreclosure defense attorneys in Jacksonville have been exposing the fraud committed by foreclosure mills. Most often the homeowner does not have the evidence essential to proving fraud, ultimately making it impossible to prove.
The owner or servicer of the mortgage generally submits sworn affidavits to support their ownership along with the original Note and Mortgage.
The significant disadvantage for homeowners is that the full principle amount is often due at the end of the draw period, either as a lump-sum balloon payment or according to a loan amortization schedule.
Johns, or Clay County, contact a Jacksonville Foreclosure Attorney today who may be able to assist you. The law does not affect any local or state law that provides longer time periods or additional protections for tenants. You may also want to consider providing notice to the new owner, the former owner, the mortgage company, any attorneys representing any of the owners (new or former), the mortgage company's attorney, the Sheriff, and the Homeowners Association.
501 et seq.), including the toll-free military one source number to call if servicemembers, or the dependents of such servicemembers, require further assistance. Predatory lending practices may include refinancing that causes the borrower to lose the benefit of special terms in the loan, excessive or hidden fees, mandatory arbitration clauses, inadequate disclosures, failure to verify borrower's financial information, etc.
In a case where predatory lending has been established by the homeowner, the court can cancel the debt or modify certain terms of the loan.
So what happens to a second mortgage after the first mortgage is foreclosed on and the property sold?
District Court Judge Patrick Schiltz ordered William Butler to pay $50,000 to the Court and another undisclosed amount to the Opposing Counsel and Co-defendants. Judge Schiltz justified the sanction due to the "extraordinary, egregious and brazen nature of Butler's conduct" by "exploiting clients financially" and mentioned that "multipled by the number of cases he has brought, it indicates he has earned tens (or even hundreds) of thousands of dollars" by this method. If someone named in the suit cannot be found, the person serving process has to make diligent search efforts to find you.
Realtytrac reports that Miami was in the top five metros with the highest foreclosure filings.
One out of ever 154 housing units are currently in the foreclosure process and is projected to worsen. When the homeowner fails to defend the foreclosure or retain an attorney, the bank is frequently granted a default which leads to a judgment as a matter of law. Instead, the borrower uses a line of credit to borrow sums that total no more than the credit limit, similar to how you use a credit card. The Act became effective on May 20, 2009 and is set to expire at the end of this year, December 31, 2012, if it is not extended. As long as tenants know they are protected, there is a minimum of a 90-day notice requirement.
Damages due to a borrower for a volition cannot exceed $2,000 and can only recover for one set of damages even where there are been multiple violations.
But if a homeowner is out of state, and people do not know where to find you or how to serve you, the bank can ask to serve you in different ways. Miami is estimated to be one out of ever 359 housing units is currently in the foreclosure filing process. Miami-Dade rose 16 percent, and Broward county saw the largest flux of a whopping 54 percent increase.
Although, the number three metro on the list is Florida’s own Orlando, with one out of 294 housing units in foreclosure.
Foreclosure mills can run over homeowners who do not hire lawyers and fail to even show up for their trials.
Many homeowners do not realize they have a right to defend the foreclosure and remain in the home while the lawsuit is pending.
Apple Law Firm PLLC has represented clients in Foreclosure actions and Bankruptcy since 2009.
If you accuse another in court of committing fraud, you better mean it and be ready to prove it. Furthermore, when the homeowner asserts fraud there is often the counterargument the Plaintiff who is trying to foreclose did not initiate the loan and is thus generally not the party who committed the fraud. However, HELOC abuse was one of the major causes of the current mortgage crises due to the way many were setup and the repayments schedules they required. A HELOC is commonly referred to as a line of revolving credit with an adjustable interest rate, where the borrower can choose when and how often to borrow against the equity in the property, with the lender setting an initial limit on the credit line.
Another default with using a HELOC that can largely affect your future is it can appear as a credit card on your credit report.
If you receive a letter from HOA about any missed payment, charges or fees, it should not be ignored or taken lightly. RealtyTrac said nationwide foreclosure activity was down 7 percent in January from December 2012 and plunged 28 percent from a year earlier. HELOC funds can be borrowed during the draw period, which is typically 5 to 25 years, and it is sometimes possible to borrow up to what the home is worth, minus any liens. It is often times reported as a maxed out high-limit credit card, which significantly lowers your credit score. Even if you make all your mortgage payments, you could still loose your home in foreclosure because of unpaid HOA dues. In many instances, it is very difficult for a homeowner to actually get in contact with their HOA in order to resolve an issue.



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