Foreclosure Threats? Here’s How You Can Legally Defend Yourself
It is in our homes where we make some of our fondest memories. From our babies’ first words down to our dog’s silly antics, our houses here in Fort Lauderdale get to witness them all. Hence, it’s totally understandable if we form a deep attachment to this place we call our home for years.
However, it’s not always easy to keep up with our mortgage payments. There are times when our finances are so tough it’s really a struggle to make ends meet. As a result, we miss on our home bills and lenders, usually banks, are threatening us with foreclosures.
But just because we owe them some cash doesn’t mean that they have absolute power over us. If you have already been threatened with a foreclosure, and you feel that the process has been unfair to you, there are actually legal remedies that you take through good Fort Lauderdale foreclosure defense lawyers. In this article, we present some of the arguments that you and your lawyer can use to protect your rights.
Make sure that there are no mistakes on the mortgage servicer’s part
In the state of Florida, all foreclosures are processed in the courts to allow people to air out their concerns and defenses fairly. You should take advantage of this opportunity by working only with the most experienced legal professionals in your city. They will help you go through records and uncover anomalies that even you wouldn’t notice.
Among the most common issues that a loan lawyer can uncover are mistakes that the mortgage servicer makes such as dual-tracking (which occurs when they initiate foreclosures even after you’ve applied for any foreclosure avoidance option available to you) and imposition of excessive fees based on federal or state laws. Admittedly, these are technical matters that untrained people won’t suspect of having any air of irregularity so you shouldn’t feel bad if these errors happened under your watch.
Make sure you received all the legally required notices before a foreclosure was initiated
Needless to say, a foreclosure is a serious matter that affects how you and your family live. Hence, it is not supposed to be an out-of-the-blue matter. As a citizen of this country, you have every right to be notified about the payments that you miss, especially if they were not intentional.
Also, be mindful of the contents of the notices sent to you. Do they contain all the information that state laws mandate they have? If not, then you can very well argue that you have been insufficiently notified.
Be certain that proper procedures are followed.
Florida and every other state in this country have specified procedures on how foreclosures are to be initiated and eventually executed. Talk to a lawyer to make sure that every step has been followed. Many times, foreclosing entities skip some steps in their rush to get your property.
A foreclosure threat is definitely not easy to face, but you are not entirely defenseless against it. There are legal arguments that you can make; just make sure that you are assisted by a good lawyer.
This article does not necessarily reflect the opinions of the editors or management of EconoTimes