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Florida Law Advisers, P.A.
Tampa Foreclosure Lawyer
Real estate foreclosure is a common problem in Florida. However, every real estate owner’s situation is unique and requires a personalized foreclosure defense. Our Tampa foreclosure defense attorneys always listen carefully to our clients to develop a detailed step-by-step foreclosure defense designed around their specific needs. Real estate owners have options for fighting foreclosure, and our Tampa foreclosure defense attorneys want to make sure our clients choose the best strategic plan for their foreclosure defense.
Whether you want to keep your real estate and prevent foreclosure through loan modification or bankruptcy, or walk away from your real estate without being responsible for any of the debt via short sale, the experienced foreclosure attorneys at Florida Law Advisers, P.A., can help. Our Tampa foreclosure defense attorneys have years of experience helping commercial real estate & homeowners facing all types of foreclosure defense and loan modification matters.
Our Tampa foreclosure defense lawyers will carefully evaluate your individual situation, advise you of your options, whether it be a loan modification, short sale, or bankruptcy, and develop a comprehensive legal strategy to help solve your foreclosure lawsuit & mortgage payment problems.
Our initial consultation is free, and we offer flexible payment options to all of our clients. Florida Law Advisers, P.A. wants to provide homeowners facing their foreclosure matter with sound legal advice and foreclosure defense solutions, not add to your financial burden. We will work with you to develop a payment plan that you can afford. We accept many forms of payment and offer our clients the choice of either a low-cost flat fee or a low-cost hourly fee. Regardless of the option you choose, you will find that Florida Law Advisers, P.A. charges less than many competing home foreclosure defense attorneys in the Tampa Bay area. Contact an experienced Tampa foreclosure lawyer today by telephone, website contact form, email, or chat to schedule your free consultation and see how we can help your Florida foreclosure matter.
Frequently Asked Questions
How do you stop foreclosure?
Chapter 13 is a reorganization bankruptcy; it allows homeowners to reorganize debt into a more manageable payment. Also, it may provide up to five years to catch up on missed mortgage payments without being charged any additional interest. A Tampa foreclosure defense lawyer can help navigate this process for you.
Will bankruptcy stop a foreclosure sale?
When a Chapter 7 or Chapter 13 case is filed, an automatic stay is instantly put into effect. The automatic stay is a federal law which stops all forms of collection activity, including foreclosure auctions already scheduled to occur. Consult a Tampa foreclosure lawyer for legal advice and the best course of action for your particular foreclosure case.
How do you modify a mortgage?
In a Chapter 13 case, you can apply for a loan modification. You can also contact the bank directly to apply for loan modifications. It is not required to hire an attorney for loan modifications, but it may help to make the mortgage modification process easier and increase your chances of approval. Our foreclosure attorneys in the Tampa bay area can provide legal advice and chart the best course of action for your foreclosure case.
If I walk away can the bank sue me?
Often, after a foreclosure auction there will not be enough funds from the sale to pay the loan in full. In cases such as these, the bank may sue the borrower for the remaining balance (deficiency). Additionally, the bank will usually add interest, late penalties, and legal fees onto the balance. However, a Chapter 7 or Chapter 13 may be able to stop the bank from suing you and discharge the debt in full.
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Loan Modifications in Florida
If you are behind on your mortgage payments or struggling to stay current, a loan modification may provide the solution you need. Our Tampa loan modification attorneys may be able to convince your lender to agree to a mortgage modification to achieve a lower monthly payment, eliminate late fees, drop your interest rate to as low as 2%, and even reduce the principal amount owed on your home mortgage.
As experienced foreclosure defense attorneys & loan modification lawyers, we understand how to talk to lenders, how to get their attention, force them to negotiate fairly with us, and drop their foreclosure lawsuit. Contact us for a free consultation to see if a loan modification is the best option for your case.
Read more about Florida Loan Modifications.
Challenging The Foreclosure & Suing Your Loan Company
As a homeowner, you have many legal rights that you can and should assert against your mortgage company in the event of a foreclosure judgment. The lender will be fighting vigorously to foreclose on your home, and you should have an aggressive Tampa foreclosure defense attorney on your side to protect you against a foreclosure lawsuit. With a skilled and aggressive foreclosure defense attorney, you may be able to stop the foreclosure and even successfully counter sue your mortgage company. Under Florida foreclosure law, all home foreclosure actions must be administered.
Learn about Suing Your Mortgage Loan Company.
Foreclosure Alternatives in Florida
If you are struggling to keep up with your mortgage payment, it is important to keep in mind that you have options, and foreclosure does not have to be one of them. Our Tampa foreclosure defense attorneys have helped many clients avoid foreclosure by taking advantage of alternatives to foreclosure. At Florida Law Advisers, P.A., we explain all of the foreclosure alternatives that our clients have available so that they can make an informed decision for the good of their family. Our Tampa foreclosure defense lawyers will provide sound legal advice for your foreclosure case.
Read more about Alternatives to Foreclosure.
The Florida Foreclosure Process
If homeowners facing a Florida foreclosure do not have competent legal counsel, a mortgage company may be able to complete the entire foreclosure action within approximately 6 months. On the other hand, with the help of a Tampa foreclosure defense attorney at our firm, you may be able to postpone the foreclosure sale of your home for up to four years. The foreclosure lawsuit process does not begin until the mortgage company sends the homeowner a Notice of Default. Shortly afterward, the lender will file the foreclosure action with the court.
Read more about How to Stop a Foreclosure Sale in Florida.
Walking Away From The Mortgage Debt Free
If you have decided to give up on your home and walk away from the property, you should contact us to speak with a Tampa foreclosure defense lawyer before taking action. Under Florida mortgage law, a lender may be able to obtain a deficiency judgment against you for the amount owed on the mortgage. The deficiency judgment may give the lender a right to seize your bank account, garnish your wages, and place liens on other property that you own. For instance, if the foreclosure sale price of the home is not high enough. Speak with an experienced foreclosure attorney about your foreclosure complaint before you make any moves.
Read more about Strategic Mortgage Default in Florida.
Deed in Lieu of Foreclosure in Florida
A deed in lieu of foreclosure is when a homeowner voluntarily gives the property title to the mortgage company. A deed in lieu of foreclosure can help homeowners interested in walking away from the property avoid the consequences of a foreclosure. Lenders will often accept a deed in lieu of foreclosure to save money on legal fees and bring closure to the matter much quicker than filing for foreclosure. This option is also a lighter hit to your credit report should the lender approve it. If you are considering negotiating a deed in lieu of foreclosure with your mortgage company.
Read more about Deed in Lieu of Foreclosure.
Bankruptcy & Foreclosure in Florida
If you have fallen behind on your mortgage and your lender has threatened to foreclose on your home, bankruptcy may be able to stop the foreclosure and make your mortgage payments more manageable. At Florida Law Advisers, P.A., our foreclosure defense attorneys have helped many homeowners prevent foreclosure and lower their mortgage payments by filing for bankruptcy. Bankruptcy is a useful tool, but it may not be the right solution for everyone. To find out more about how bankruptcy can prevent a home foreclosure, use our contact form to schedule a free consultation with a Tampa bankruptcy lawyer at our firm.
Read more about how Bankruptcy can help you save your home.
Predatory Lending in Florida
Predatory lending refers to unfair, deceptive, or fraudulent practices used by a lender during the loan origination process. Predatory lending imposes unfair and abusive terms on unsuspecting homeowners which can have devastating consequences. Fortunately, there are many laws in place to protect homeowners from predatory lending, such as The Real Estate Settlement Procedures Act, Truth in Lending Act, Equal Credit Opportunity Act, and The Home Ownership and Equity Protection Act.
Learn more about Predatory Lending.
Removing a 2nd Mortgage in Florida
If you are struggling to keep up with your monthly payments and have more than one mortgage on your home, Chapter 13 bankruptcy may provide the relief you need. Under Chapter 13 bankruptcy law, you may be able to remove a 2nd mortgage from your home and discharge the debt in bankruptcy. The discharge will release you from all personal liability on the mortgage and extinguish the lien placed on your property.
At Florida Law Advisers, P.A., our bankruptcy attorneys have helped many homeowners prevent a foreclosure and lower their monthly payment by filing for bankruptcy. Bankruptcy is a useful tool but it may not be the right solution for everyone. You should contact us to schedule a free consultation with a Tampa bankruptcy lawyer before taking any action. During the consultation we can explain exactly how the bankruptcy process works and what you can expect by filing for bankruptcy.
Read more about Removing a 2nd Mortgage.
Robo Signing in Florida
Robo signing is the practice of a bank employee signing documents and affidavits without verifying that the information contained in the document or affidavit is correct. Many foreclosure documents require the signer to personally attest that they have reviewed the document before signing it. Failing to review the document or affidavit before signing it can call into question the banks legal right to foreclose on a home. Robo signing has become a pervasive problem in the mortgage industry, with widespread use reported by many of our country’s largest mortgage companies. If your bank is threatening you with foreclosure you should contact a Tampa foreclosure defense attorney to investigate your case for evidence of robo signing.
Read more about Robo Signing.
Short Sales in Florida
In a short sale, the homeowner and mortgage company agree to sell the home for less than the amount owed on the mortgage. A short sale may be a good option for homeowners who have no equity in the property and want to abandon the home without going through the foreclosure process. Short sales are beneficial to homeowners because they can walk away from the property without a lengthy legal battle, and they can minimize the damage done to their credit report. On the other hand, with a short sale, lenders will avoid the costs associated with foreclosing on a home.
Learn more about Short Sales.
