Homeowner’s Guide to Florida Foreclosures

Attorney Satellite Beach, FL 32937 │Homeowner’s Guide to Florida Foreclosures

Herbert L. Allen, Jr., P.A. provides attorney foreclosure defense serving clients in Satellite Beach, Florida 32937 and Indian Harbour Beach, Florida 32937.  Located at 1360 S. Patrick Drive in Satellite Beach, Florida 32937, Herbert L. Allen, Jr. provides personal legal counsel.  He answers his own telephone and you offers a free initial consultation.  Telephone: 321.779.1211.

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Herbert L. Allen, Jr., P.A.
Attorney and Counselor at Law
More than Twenty Years Civil Practice Experience
 Free Initial Consultation • Payment Plans

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1360 South Patrick Dr.    •    Satellite Beach, Florida 32937    •

   Telephone: 321.779.1211
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Federal Law Disclosure: I hereby disclose that my legal services include a bankruptcy practice. Therefore, pursuant to federal law, I disclose that my legal services include assistance which may involve bankruptcy relief under Title XI, U.S.C. and this law firm is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
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Attorney Satellite Beach, FL 32937 │Homeowner’s Guide to Florida Foreclosures

Homeowner’s Guide to Florida Foreclosures

I have listed a few items you should consider when your mortgage payments become a major burden.  We may be able to work out some plan that will help you cope with the financial problems. Different facts call for careful legal analysis.  

1.  Open the Mail–Start Talking.  So many times, I hear that people do not want to open their mail, because it will only be bad news about their debts and their mortgage.  Many people pay their mortgage first, and then other bills second.  If you know you will be late on payments, contact your lender and let them know about your situation.

2.  Seek Legal Help Early. If you fall behind on payments, then think about obtaining government and legal assistance. The government has created programs like HAMP that Congress designed to help homeowners facing tough financial times. Learning about your legal options may help you achieve your goals.  It can make a big difference.  

3.  Consider a Short SaleIf you owe more on your house than it is worth, or if you are having profound trouble making payments, or both, then we should talk about all of your legal options, including a short sale. Normally, you will need lender approval to have a short sale, because you will be selling the home for less than you owe the lender. Therefore, the lender has to approve the sale. It makes sense having an attorney help you through the short-sale process. As an attorney helping my clients with short sales, I take steps to eliminate any payments or promises to pay from the homeowner. I cannot promise that the lender will approve the short sale and I cannot promise that you will not have to pay something to make the deal happen. But, we can strive to protect your legal rights at every point.  Sometimes, a short sale will not work out.

4.  Consider Bankruptcy ReliefIf all of your debts are out of control, and you cannot make your monthly payments, then you should consider credit counseling. If credit counseling does not produce the desired results, and you simply do not have enough income because you lost your job or had other problems, then we should consider bankruptcy.  The bankruptcy code provides for liquidation and payment plans, and imposes a means test upon consumers to determine which type of bankruptcy the consumer may file.  In most cases, I try to find a less drastic way to solve financial problems than bankruptcy, but it was designed to provide powerful relief from some financial problems.

5.  Do Not Just Walk Away from Your Home. In many instances, just walking away from your home limits your options.  You may be able to have a short sale, find a government program that works for you, or negotiate a settlement with your lender. If you walk away, typically the lender will foreclose the loan, sell your home, and then obtain a deficiency judgment against you for any money still owed to the lender after the sale. That judgment can be a real problem for you.  Call me and we can decide what may be best. Talk before you walk. 

6.  When Served with a Foreclosure Summons, Call an Attorney ImmediatelyYou only have a limited time to respond in writing and in court to a foreclosure lawsuit.  Therefore, I recommend you contact me immediately.  We need time to draft a response to the lawsuit after we meet to discuss your entire situation. It will also take time to analyze the foreclosure lawsuit and prepare your defenses.

7.  Keep Seeking ReliefJust because the lender/servicing agent filed a foreclosure action, you may still have time to negotiate with your lender to save your home.  In most instances, saving your normal mortgage payments may give you leverage to make a sizeable lump-sum payment as part of a deal to resolve the foreclosure issues. Try another HAMP application, if appropriate, and be ready to submit all your paperwork more than once and update it as required.  The HAMP process can be very trying and tedious.  Do not give up.  

8.  Get Ready To LeaveIn the end, nothing may save your home from foreclosure.  In fact, it may be the best thing to let the home go, especially if you owe much more on it that it is worth.  In many instances, you will have plenty of notice regarding the time you must move out of the house. In Brevard County, many foreclosure lawsuits are measured in months and years, not just a few days as many people fear.  If you have a summary judgment hearing or a trial, then you should know that you may have to move out of the home if you lose the entire case at summary judgment hearing or the trial.  A bankruptcy option may allow you to stay in your home, but even then, you may have to make payments.

In my law practice, prayer helps the most.  Call me and we can talk about your questions.  I answer my own telephone at 321.779.1211.  Free initial consultation.

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Attorney Satellite Beach, FL 32937 │Homeowner’s Guide to Florida Foreclosures

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