We Vigorously Defend Against Foreclosures
Foreclosure can happen at anytime, even to those who consider themselves wise, financially sound individuals. As the economy fluctuates, unexpected events can cause you to fall behind on your house payments. Fortunately, however, you do have options when it comes to foreclosure, and a foreclosure lawyer in Lakeland can help you do so.
What is Foreclosure Defense?
Foreclosure can occur when a homeowner fails to pay, or defaults, on his or her home loan. When this happens, the creditor will seek foreclosure on your home. This can cause you to lose your home, along with any equity you may have built up in the property.
Obviously, avoiding foreclosure altogether is your best defense. But this is not always possible. Unemployment can cause you to earn less income than you expected. Medical issues or loss of a family member can slow or hinder your earning potential. If you find yourself facing foreclosure, the wisest solution is to hire a civil litigation attorney in Lakeland who is experienced in such issues. Your attorney does not want to see you lose your home, and you can be sure that he has your best interests at heart.
Merritt Law Office will tailor a foreclosure defense to your individual case. Many foreclosure victims were never offered their right to due process. You are entitled to full discovery and may demand the production by your lender of all documents and information in their possession which may affect your rights.
Many complaints allege that the lender lost the note. Often the lender’s attorney fails to attach a copy of the mortgage note that you signed. The timely use of this defense may stop the foreclosure until the lender actually finds the mortgage note.
Frequently the lender drives a homeowner into foreclosure by adding unneccessary payments. Some lenders tack on homeowner’s insurance in the mistaken belief that the homeowner’s insurance has lapsed when it has not. Other defenses can include fraud, truth-in-lending violations, and lost payments.
One option your attorney will discuss with you may include bankruptcy. Using bankruptcy’s “automatic stay” is a benefit that gives the debtor some breathing room and halts the foreclosure.. Filing for either chapter 13 or chapter 7 bankruptcy can help you keep your home when foreclosure seems imminent.
Am I Eligible For a Foreclosure in Bankruptcy?
The different options that you can take advantage of before foreclosure may invoke certain eligibility requirements. Your attorney will help you decide which measure is best for you, whether it is bankruptcy or a short sale.
Your monthly disposable income will play a large role, for this will determine which bankruptcy chapter you must file. For those with little disposable income, a chapter 7 bankruptcy is usually the wisest route. It is best for those who currently have mortgages on homes. Anyone whose annual income is less than the median income for an individual residing in the state of Florida is usually eligible for a chapter 7 bankruptcy.
Those eligible for a chapter 13 bankruptcy usually include business owners with a sizable amount of disposable income. Foreclosure defense in Lakeland that employs a chapter 13 bankruptcy usually requires that the individual have an annual income that exceeds the median rate for Florida. If you are approved for this type of bankruptcy, there is good chance that you will be able to maintain your property.
Florida Foreclosure Process
Mortgage foreclosure defense is similar to other Florida regions. Since foreclosure is a process that falls under state jurisdiction, Florida law applies to all aspects of foreclosure. This is widely in your favor, since state law permits you to take pre-foreclosure measures before the bank repossesses your home.