MIAMI-DADE COUNTY FORECLOSURE DEFENSE LAWYERS

Legal Representation for Property Owners in South Florida

Your home or commercial property is likely your most substantial investment. It represents your hard work and dedication to achieving property ownership as the American Dream in our country. Many issues can arise that can lead to the threat of losing that investment. 

Foreclosure is a legal process that can cause significant financial hardship and stress for Florida property owners. Commercial foreclosures can be particularly complex and challenging to navigate, making it crucial for borrowers to comprehend the process and defense strategies. 

At Revah Law, we can help you understand the foreclosure process, provide insightful counsel regarding your available options, and increase your chances of resolving the matter of foreclosure favorably, whether you are facing foreclosure from the homeowner’s association of your condo or from the mortgage lender of your home or commercial property. 

Free Evaluation: Contact a Foreclosure Defense Lawyer in Miami-Dade Online or Call (888) 218-4125 Today. Hablamos español.

Understanding the Florida Commercial Foreclosure Process

Commercial foreclosure typically starts when a lender sends you a Notice of Default due to falling behind on your payments per your mortgage.  

You then have a certain amount of time to “cure” the loan by advancing payment. If you fail to bring the loan current within the given timeframe, the lender will file a lawsuit called a “lis pendens,” which is a public notice that a foreclosure action has been initiated. Additionally, the lender may also request a summary judgment from the court to avoid going to trial. This is commonly based on their premise that you have no arguments as to the facts or the law which would make a trial unnecessary.

You are served with a summons and the lender’s complaint, notifying you of the lawsuit and providing you with an opportunity to respond within a given timeframe, which is usually 20 days in Florida. 

If you fail to respond, the lender can request a default judgment. Additionally, the lender may also request a summary judgment from the court, as mentioned above, to avoid going to trial. 

However, you can file an answer, asserting any defenses or counterclaims you may have, and you can oppose the summary judgment with an affidavit that would make it necessary to go to trial. After this, both you and your lender can engage in “discovery,” gathering evidence and information from each other to support your respective positions. 

If the lender wins, the court will issue a final judgment of foreclosure, and the property will be scheduled for a public auction. If the foreclosure sale doesn't cover the outstanding loan balance, the lender may seek a deficiency judgment against you for the remaining amount.

Strategies to Defend Against Commercial Foreclosure in Florida

Various defenses may be applied that borrowers can use to challenge foreclosure. 

• Violation of state usury laws. This asserts that the interest rate charged by the lender is excessive or otherwise unlawful.  
• Lack of standing: The lender may not have the legal right to foreclose if they cannot prove ownership of the promissory note and mortgage.
• Improper notice: The lender may have failed to provide proper notice of default or other required notices.
• Loan modification or loss mitigation: The borrower might be in the process of negotiating a loan modification or applying for other loss mitigation options.
• Servicing errors: The lender or servicer may have made errors in calculating payments or applying them incorrectly.
• Expired statute of limitations. This alleges that the lender has waited too long to seek foreclosure or enforce the mortgage.

More complex defenses may exist, such as the absence of default or fraudulent inducement, which alleges that you were induced into signing up for a mortgage based on fraudulent information or statements.

Revah Law: Your Ally in Foreclosure Defense

Our team can help homeowners or commercial property owners by:

• Assessing the situation and identifying potential defenses or counterclaims.
• Representing you in court and negotiating with the lender to find alternatives to foreclosure.
• Assisting with loan modifications, short sales, or deed-in-lieu of foreclosure.
• Ensuring that the lender complies with all applicable laws and regulations throughout the process.
• Protecting your rights and working to minimize the impact of foreclosure on your financial future.

We can help you avoid potential pitfalls and provide guidance on your potential optimum defense strategies, which can raise your chances of success in a foreclosure case. Inadequate representation can lead to significant losses and damage to your financial and legal standing. At Revah Law, we offer a free consultation to help you get started.