Foreclosure Defense - Fight for your home!

Foreclosure Defense - Fight for your home!

Are your mortgage payments too high? Are you delinquent on your mortgage or considering becoming delinquent? If foreclosure is in your near future, it is imperative that you contact an experienced foreclosure defense attorney as soon as possible. It is never too early to contact an attorney for your foreclosure consultation. 

At the Law Offices of Juan J. Piles, Esquire we handle foreclosure defense cases. We can analyze your case to advise you of the available options. No two cases are the same. Everyone’s goals are different. A consultation with our office will help us guide you through this process so you can make the best decision for your life situation.
Below is some general information on foreclosure, foreclosure alternatives and the foreclosure process in the State of Florida.
Foreclosure Defense – Our law firm can help you defend your rights in a foreclosure proceeding. During the pendency of the litigation, you can remain in possession of your property until the final disposition of your case. Depending on the circumstances of your case, this litigation can take several months or longer.
Bankruptcy – Filing for bankruptcy can cancel a foreclosure sale date, stop pending lawsuits and wage garnishments. If you want to keep your home, a Chapter 13 bankruptcy may help you catch up on your mortgage payments and stop a pending foreclosure. 
Short Sale – a short sale is a viable alternative to foreclosure. A short sale should always be considered if you are facing foreclosure or can no longer afford your home. For more information on Short Sales, please visit our short sale information page.
Deed in Lieu of Foreclosure – This option will allow you to legally transfer the property to the lender. This is usually conditioned on the lender releasing the borrower from any deficiency judgment. 
Though we are not a firm of tax attorneys, we have handled enough cases to provide you with general advice and information regarding the tax penalties that are related to bankruptcy and foreclosures.
The Foreclosure Process
It is important to know how the foreclosure process works in the State of Florida. Only an informed decision will lead you to the peace of mind and financial stability you desire in your life.
Foreclosures in the State of Florida are performed through the judicial process. The lender must file a lawsuit to foreclose a mortgage that is in default in the county where the property is located. The lender cannot simply take the property from you.   They must file a lawsuit and you are provided a timeframe to defend your rights in Court. 
Below is a timeline of the foreclosure lawsuit:
DAY 1 - Mortgage Complaint is filed and served. The lender files the complaint to foreclose the mortgage and the borrower is served with the foreclosure lawsuit and is given an opportunity to defend their rights. The lender must prove that it is the owner of the mortgage being foreclosed, it has the right to enforce the debt and that the debt is in default.
DAY 1-20 – Answer is filed by Defendant/Borrower. The borrower must file a responsive pleading to the mortgage foreclosure complaint. Failure to file a response will result in a default being entered against the borrower. The lender can request a default to be entered after the twenty day time period. THIS IS THE CRITICAL POINT IN YOUR FORECLOSURE. Failure to file a responsive pleading may cause your case to be finalized quicker. You should consult a foreclosure defense attorney prior to the expiration of the twenty days.
DAY 21+ - Motion for Default and Motion for Summary Judgment can be filed by the lender. At any time after the twenty one days, the lender may file a motion for summary judgment. This motion is asking the court to grant them a judgment in their favor and requesting the court to schedule the foreclosure sale date. Depending on your county, the foreclosure sale date can be set as quickly as thirty days from the hearing date.
DAY 75+ - Your property may be sold at a court ordered public auction.
The above timeline is what can happen if you do not adequately defend your rights in a foreclosure. With a foreclosure defense, our office will request that the lender prove their case. We will evaluate your case to determine if there are any deficiencies in the notice of default or complaint for foreclosure. If any deficiencies are found, we will defend your rights and ensure those deficiencies are addressed.  Throughout the foreclosure defense process, you can stay in your home until it is ordered to be sold by the Court. The foreclosure defense process has no timeline. It can be quick or prolonged. It depends on the particular facts of your case and the diligence of the lender to move their case forward.
PLEASE CONTACT OUR OFFICE TODAY FOR A DETAILED EVALUATION OF YOUR CASE. Only upon a review of your facts can we determine what remedies you have. 

The Law Office of Juan J. Piles assists clients with Bankruptcy, Residential Real Estate, Foreclosure Defense and Divorce & Matrimonial Law in Cape Coral, Florida as well as Fort Myers, North Fort Myers, Lehigh Acres, Bonita Springs, Naples, Miami, and Fort Lauderdale in Lee County, Collier County, Miami-Dade County and Broward County.

© 2017 Law Offices of Juan J. Piles, Esquire | Disclaimer
4905 Chiquita Boulevard, Suite 103, Cape Coral, FL 33914
| Phone: 239-443-5900
Satellite Office: 999 Vanderbilt Beach Road, Suite 200, Naples, FL 34108
| Phone: 239-206-4971
| Phone: 305-541-3777

Foreclosure Defense | Short Sale | Personal Bankruptcy | Residential Real Estate | Divorce | | Información en Español

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