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Our foreclosure litigation lawyers fight unfair banks and predatory lending practices and file quiet title actions for eligible properties.
Florida’s real estate bust, historic job losses among working families, and the predatory lending practices and greed of banks, mortgage companies, and even real estate agents and appraisers, have left thousands of Florida homeowners facing foreclosure. Florida Governor Rick Scott recently signed legislation fast-tracking foreclosure cases in an effort to clear the courts from the backlog of cases.
Home foreclosure isn't a legal abstraction for Yolanda Paschal, a recent graduate of the University of Miami School of Law. Paschal plans to practice business litigation next fall once she joins the firm that hired her. But as much as Paschal and her UM colleagues can help a little, they represent only a drop in the bucket: with foreclosures continuing to rise, the shortage of lawyers available to represent homeowners trying to save their most precious asset has reached emergency proportions. Unlike similar legal fields such as bankruptcy, foreclosure is rarely a full-time practice and is often handled by real estate attorneys or legal-aid-services agencies. If those numbers don't draw more attorneys into foreclosure law, if only as a short-term specialty until the crisis subsides, homeowner advocates hope it will at least motivate some of them to shift more of their pro bono work in that direction. That specter of judicial paralysis helped spur UM law professor Michael Froomkin to create the foreclosure-defense program.
Carolina Lombardi, a senior attorney at Legal Services of Greater Miami Inc., which is mentoring some of the UM fellows, says foreclosure defendants also need attorneys to help them fend off all-too-frequent lender practices like exorbitant escrow claims. Another impediment is foreclosure law itself, a bureaucratically convoluted field worthy of a Dickens novel.
A growing number of court jurisdictions are attempting to reduce the need for lawyers, as well as the glut of cases, by mandating mediation between lenders and homeowners. For most people, closing on their home is one of the biggest and happiest days of their lives.
Whether you want to keep the home or give it up, Merritt Law Office will tailor a foreclosure defense to your individual needs. Fill out our Foreclosure or Bankruptcy form online and we’ll contact you in no more than one business day!
Ex-Weather Forecaster for 11 Alive Paul Ossmann in Financial MessPaul Ossmann was the friendly weather forecaster that people loved to tune in to on WXIA-TV. A mortgage foreclosure is the remedy available to the lender when a borrower defaults on a loan secured by a mortgage. Up until the home is sold at auction and a certificate of title passes to the new purchaser, the home is still owned solely by the individuals on title to the property, usually the borrower(s).
There are also numerous other defenses available to homeowners, which can be used on their own or in conjunction with each other to help defend your case. A solid defense to a foreclosure action will also buy the borrower more time in situations where the borrower may be struggling economically. Do not simply walk away from your home because you were unable to make your mortgage payments.
Call now for a free 30 minute consultation over the telephone to see if our services are right for you. Attorneys and staff have over 70 years of combined experience in Florida and are your Foreclosure Attorney, Foreclosure Defense Miami, and Foreclosure Attorney Miami. You should consult with a knowledgeable attorney prior to negotiating a voluntary surrender or short-sale of your Florida home, as those actions may have serious tax and legal implications. In fact, by some estimates, as many as 1 in 4 homeowners in the Miami metro area are 90 days late or more on their mortgages and 40% of homeowners in Greater Miami and Greater Fort Lauderdale are underwater in their loans. In the meantime, she will put her legal education to use for South Floridians like her family thanks to a $10,000 foreclosure-defense fellowship she received from the UM law school. In hard-hit counties like Miami-Dade, bar associations are responding by holding foreclosure-defense clinics for local lawyers. It places fledgling attorneys like Paschal with legal-aid-service organizations to help tackle the backlog of cases — more than 50,000 foreclosure filings so far this year in Miami-Dade County alone.
Courts that cover Miami-Dade now require such arbitration, as do courts in cities like Philadelphia.

Other programs, like Yale Law School's ROOF Project, also send students into local communities to aid foreclosure cases, but UM's is one of the first to create a paid fellowship. While there are many documents passed around the closing table there are three that are particularly important: 1. After a 13 year stint with the channel, his contract hasn’t been renewed and he is out of a job.
When a borrower signs a promissory note (the instrument documenting a borrower’s promise to repay a lender) in a real estate transaction involving a home, that promissory note is secured by a mortgage. Like any other lawsuit, the lender needs to prove their case against the borrower and the borrower is entitled to defend against the action and obligate the lender to prove its case in its entirety. Although too detailed to explain in depth here, you can find a list of some other possible defenses below. Generally, you are given 20 days to respond to your complaint and present all these defenses. By properly defending your case and setting up roadblocks to stall the Plaintiff’s efforts to sell your home, the Plaintiff will be much more inclined to modify your mortgage or find some other alternative to foreclosure. We can assist you with bankruptcy, foreclosure, repossessions, credit card defense and loan modifications. Contacting a Florida foreclosure defense lawyer can make a difference when it comes to the future financial well-being of you and your family. They're luckier than others, since they have another home to fall back on, but the experience has convinced Paschal how acute the crisis is in Florida, which now has the nation's highest mortgage foreclosure rate, at 17%. The innovative new grant program has sent out eight recent grads this month to help local residents navigate one of the law's most labyrinthine arenas. Otherwise, the fear is that far more people than necessary stand to lose homes, possibly slowing economic recovery and clogging a civil-court system already ravaged by states' budget cuts.
Many homeowners don't know what legal defenses are available to them as they battle lenders to keep their properties — or at least make foreclosure less painful and less costly.
But she notes that unless homeowners fall below the federal poverty line ($22,000 for a family of four), they can't qualify for the free legal aid that agencies like hers provide. But the efforts to modify mortgage terms or find other ways to avoid full-blown foreclosure don't always work, and many cases still end up in court.
It also makes sense, says Paschal, since so many law firms today are trimming costs by delaying the start date for new hires by a year or more.
Often when you default lenders are impossible to communicate with or refuse to let you catch up on missed payments. In other words, the promissory note outlines the debt and promise to repay the lender, while the mortgage secures that note in the event the borrower defaults, allowing the lender to foreclose the home and have it sold at auction. In recent years, the mortgage industry has thrived by allowing mortgages to be purchased and sold in the secondary mortgage market. Recent efforts to unclog court dockets have caused foreclosure actions to move along much more rapidly than in the past—a couple of years ago a foreclosure lawsuit could have lasted years, today, a borrower may lose his home in no time at all. If you fail to respond, a default judgment will be entered against you and you will no longer be able to defend against your case unless you manage to appear before the judge and get the default judgment vacated. The longer the foreclosure action is pending and the stronger the defenses presented against the Plaintiff are, the more money it is costing the Plaintiff and the greater the likelihood that the Plaintiff will work out a resolution with you. Also, due to the income requirements associated with filing a Chapter 13 bankruptcy to save your home, a proper foreclosure defense can buy the borrower with enough time to meet the income demands associated with a Chapter 13 bankruptcy repayment plan. And while mortgage modifications had been on the upswing in recent months, the Boston-based National Consumer Law Center reported this week that many large banks and other mortgage servicers have decided it's cheaper to foreclose than to offer more affordable loan terms.
That creates an obstacle for most foreclosure defendants, who aren't impoverished but because of job loss and other circumstances that brought them to the brink of losing their home, often can't afford a lawyer. Melanca Clark, counsel at the Brennan Center and co-author of this month's study, urges Congress and state legislatures to create incentives, like more funding for foreclosure legal representation, that "level the playing field" against lenders and their comparatively well-paid lawyers. That gives law grads time to pursue this kind of work — whose complexity, Paschal adds, is ideal for cutting young legal teeth. Merritt Law Office has been defending foreclosures since the start of the foreclosure crisis in 2007. In this terrible economic climate and leadership that seems beset at holding the line with skyrocketing entitlements, this country’s economy will most likely just continue to soften.
The lender is then entitled to the proceeds of that auction sale up to the amount that is owed to the lender, any surplus belongs to the borrower. As a result, a mortgage may transfer from one lender to another or may even be pooled into a securitized trust containing numerous mortgage loans.
In a worst-case scenario, where the home is lost to a foreclosure auction, a strong foreclosure defense also results in a more profitable outcome for the borrower.

A good attorney could potentially help you better understand your options and position you for financial recovery. It is more important than ever to ensure you consult with an experienced attorney immediately in order to better protect you, your family and your home from the bank. Making matters even worse, as many as 86% of foreclosure victims in hard-hit areas didn't have legal counsel last year, according to the Brennan Center for Justice at the NYU School of Law, which released a report earlier this month. That, he adds, could throw into question the lender's right to bring the foreclosure case in the first place. Restrictions on government funding for legal services should be relaxed, she says, especially rules that don't let victorious foreclosure defendants collect attorney fees, as prevailing parties in most other kinds of civil litigation do. The effort is helped, says Lombardi, by a new awareness among many lawyers who once deemed foreclosure victims foolish, lazy or unethical borrowers but who now realize "this is often about decent, hardworking people who fell prey" to loans whose conditions weren't always clear. Says Froomkin: "It's a great opportunity to give recent graduates some invaluable experience and help your neighbors through this enormous spike in foreclosures," if not help end it sooner. If you find yourself facing foreclosure fill out our Foreclosure Defense form and we’ll contact you by telephone or email within one business day. Losing FaithOssmann was known as a TV weather personality with presence and a ready smile on his face. However, in todays upside down real estate market, odds are the home will sell at auction for less than what is owed to the lender. This is why, many times, the Plaintiff in a mortgage foreclosure action is not the original mortgage lender. A strong defense to a foreclosure action can delay a foreclosure lawsuit for several months and even years. In that event, the lender maintains the right to sue the borrower for the remaining balance and obtain what is called a deficiency judgment.
Consequently, if a Plaintiff is not the original mortgage lender on the promissory note, they have to prove their ownership rights to the promissory note and their ability to foreclose on your home.
Because the borrower is no longer making mortgage payments during that time, the borrower has the luxury of saving his money for an extended period of time while the lawsuit is pending.
Too many things have happened to him at one time and his stress levels are through the roof.
Furthermore, they have to prove that each and every transfer was correctly and timely made. For example, if a borrower can save $1,000 a month because he is not paying his mortgage and he fails to properly defend against the foreclosure action and the home is sold at auction in four months, the borrower was only able to save up $4,000. He has had to deal with foreclosure attorneys to save his house but his financial state was so bad that he lost his $900,000 Alpharetta home to foreclosure.Tough TimesForeclosure attorneys are the ones to speak to when you are faced with the prospect of foreclosure proceedings. Recent investigations have revealed thousands of instances of fraudulent transfers and improper foreclosure actions. On the other hand, if the borrower aggressively defends the action and the home is lost in fifteen months, the borrower was able to save $15,000! You can fight to save your home from foreclosure and the attorneys at Neustein Law Group P.A. Not only do Plaintiff’s have to prove their rights to sue on the promissory note that was originally executed, but they have to prove that they, along with previous holders of the promissory note (if the promissory note was transferred), abided by state and federal consumer protection and civil procedure rules and laws in order to be allowed to foreclose on a borrower’s home.
Even when the home is lost, it is almost always more profitable to hire a Miami Dade County foreclosure defense lawyer or attorney to represent your rights. Call us now at our main office or one of our convenient satellite offices near you at (305)531-2545 (direct HQ) or toll free 1-888-400-ATTY(2889) for a free consultation with a veteran foreclosure litigation attorney. Even more shocking is the fact that his wife, faith Ossmann decided to file for divorce at the same time.
No one gets up, grabbing that first coffee, saying, “I’m going to hit a cow today.” Yours may be a car crash in wet weather, a slip-and-fall as you leave the dentist’s office. A Financial MessOssmann states that he had handed over the reins of his financial wellbeing to his wife Faith who proceeded to get him almost $83,000 in debt. While he lost his wife Faith, his friends, and family say that he hasn’t lost faith in life. After foreclosure attorneys, divorce proceedings and the pink slip, he is all set to start from scratch as a real estate agent. Being a real estate agent in this market is iffy but it may be better that his wasteful wife is out of the picture.

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