Protecting Soldiers from Foreclosures

According to statistics, roughly five percent of military personnel on active duty reside in Florida. That's roughly 60,000 soldiers and officers stationed in different parts of the country, if not the world, away from their loved ones. Even if they're still in Florida, daily military life can get in the way of civvie life, which includes paying loans.

Finalize Your Modification before Bankruptcy

Foresight is an important skill that every borrower should learn. No matter what kind of loan you enter into, the chance of defaulting is always real, and the ability to foresee whether the possibility that that might happen is high can help you plan ahead and take concrete steps to mitigate your loses.

Facing Foreclosure, Can You Save Your Home?

Your home is in foreclosure, do you have the money to save it? This is a question that every homeowner facing foreclosure must answer HONESTLY. If you don’t, it may be too late to try any option to save your home, and do whatever is necessary.

Common Questions about Foreclosures in Florida

Receiving the foreclosure notice for your home will stir up a lot of emotions: fear, anxiety, and confusion. Along with these feelings, you’ll also have a lot of questions about Florida’s foreclosure laws and processes.

Of course, knowing the answers to these queries can help you make better decisions on how to proceed. If you find yourself in the middle of a foreclosure case, here are the three things you should definitely know:

Tips when Hiring a Foreclosure Attorney

The foreclosure process often feels like an uphill battle. However, you don’t have to face this ordeal alone, thanks to experienced foreclosure attorneys who can delay the case or have it dismissed completely.

Of course, the lawyer you hire becomes your partner in fighting repossession, so be sure to choose the best candidate for this task. Below are three important tips to keep in mind before you hire one:

Knowledge of State Laws

Each state handles foreclosures differently, with some having non-judicial or judicial processes. Florida belongs to the latter category, and its foreclosure laws have nuances not present even in other judicial states (e.g. expedited hearings, final and non-revocable judgments). As such, hire a local attorney who is well versed in the state’s laws.

The Hidden Peril of Mortgage Modification

When you’re strapped for cash to pay off monthly mortgage payments, a loan modification usually sounds like a great idea. However, especially if you are currently at risk of foreclosure, applying for a mortgage modification might expose you to a hidden peril that could put your ability to keep the home in jeopardy.

Called dual tracking, the problem occurs when your lender is in the process of pursuing a foreclosure case against you while your mortgage modification is pending. This caused a lot of problems following the mortgage crisis when homeowners facing foreclosure were offered loan modifications—only to have their homes taken away from them when the foreclosure process finished first.

Fortunately for homeowners, the Consumer Financial Protection Bureau issued new mortgage servicing rules that came into effect on January 10, 2014, effectively banning dual tracking.

The issue, however, that makes dual tracking an ongoing problem is that bankers, lenders, and mortgage servicers currently advise borrowers not to contact an attorney before applying for a mortgage modification. While the banks’ explanation that this allows borrowers to save money is justified, this can put borrowers at risk of losing their homes if their mortgage servicer violates the law by dual tracking.

Florida’s Foreclosure Process

Foreclosure is a process best avoided at all costs. However, knowledge of Florida’s foreclosure process can help you understand what you need to do if you find yourself sucked into it in the future. The process takes place as follows:

1. You fall behind on several mortgage payments. The mortgage servicer starts calling to remind you of your delinquency and tries to collect payments. The servicer may try to work out a deal to help you stay current on your loan, such as a loan modification, forbearance, or payment plan.
2. You are sent a breach letter informing you that your loan is in default. The letter will demand you to cure the default and will recommend an action to do so.
3. You become delinquent on your loan for 120 days and the mortgage servicer gains the authority to file a case against you in state court to start the foreclosure. You are served a summons, which gives you 20 days to file an answer. If you don’t file an answer, the lender gets a default judgment from the court, otherwise…
4. You provide a reasonable defense and the case goes to trial.