January 2012 Archives

January 31, 2012

Federal Government on Brink of "Robo-Signing" Settlement with Banks

Thumbnail image for robo-signer.jpgRobo-signing, the practice used by many mortgage companies and their attorneys' to falsely sign numerous mortgage documents, may lead to some relief for under-water homeowners in the near future. In Jacksonville, Florida, the discovery of robo-signing caused foreclosure filings and proceedings to come to a sudden halt as attorney's worked to get all necessary documents in order before moving forward. Depending on the settlement, this could provide some very welcomed relief to many potentially facing foreclosure, but do not not expect it to be a substantial sum of money to any individual homeowner.

After the robo-signing scandal came to light, the federal government began an investigation into the alleged fraud and settlement talks with the banks who were allegedly involved. Apparently, the Government is finally about to reach a settlement that may help nearly one million families around the country by reducing principal balances on home loans. Many economists have said reducing the principal balances is the necessary step in addressing the current housing crises, which is currently very rarely done.

Among the banks involved in the negotiations are Ally Financial, Bank of America, Citigroup, JP Morgan Chase, and Wells Fargo. Other banks have been invited to the discussions, including PNC Financial, SunTrust Banks, and HSBC; however, their participation is uncertain as of now. Currently, the deal consists of a $19 billion settlement, which may change if more banks and more states become involved. The Federal Government has been urging all fifty states to join the settlement, but some states are continuing to decline.

Hopefully, the settlement will help save homeowners who are on the brink of foreclosure. It will be interesting to see if a deal is actually imminent and how far it actually goes. No matter what the outcome of the settlement, foreclosures will continue to happen and you always have the option of contacting a Jacksonville Foreclosure Defense Attorney for assistance.

January 30, 2012

Will I have to pay the Bank's Legal Fees if they Foreclose on my Jacksonville House?

Thumbnail image for foreclosure fees.jpgProbably. U.S. courts follow the "American Rule" regarding attorney's fees; i.e. each side customarily pays their own attorney's fees. However, this can be altered, and is often done so through various legislative statutes or even by contract. Florida recently passed a law requiring homeowners who do not contest a foreclosure action to pay the mortgage company's attorney fees. In addition, your note and mortgage most likely contain language making you responsible for the legal fees associated with collection of past due amounts.

Florida Statute 702.065 allows banks to recover attorney's fees in certain foreclosure actions. It applies only when the note or mortgage contains a provision that entitles the bank to "reasonable attorney's fees" when the Borrower defaults on their payments and a default judgment is entered. If this is the case, the bank or mortgage company can receive up to 3 percent of the principal amount owed at the time the bank filed their foreclosure complaint without a hearing.

This might not sound like a big deal, but this new rule is actually quite different from the old law. Lawyers for banks used to be required to have a hearing with the court to ensure their fees were "reasonable." Now, however, a bank's attorney can receive $30,000 on a million-dollar home simply for obtaining a default judgment, without proving to the court that the attorney actually performed $30,000 worth of work.

Laws like these suggest the banks are trying to make their proceedings a little more efficient, which can only makes sense in light of the substantial backlog foreclosure cases have caused in Florida. Having a Jacksonville Foreclosure Attorney on your side, can help prevent the bank from obtaining such a default judgment against you. Don't face foreclosure alone. Contact a Jacksonville Foreclosure Defense Attorney.

January 27, 2012

Jacksonville and Florida Homeowners may have more Protection Under Recent Ruling

Thumbnail image for Thumbnail image for speedy_trail.jpgIt is no secret that foreclosure companies were using a wide array of fraudulent tactics at the height of the foreclosure crises. Practices like backdating documents and robo-signing were wide-spread, despite being illegal. Nevertheless, many foreclosures were approved even though the mortgage company had faulty documents. This was largely due to the fact that, often times, the mortgage company did not have any other document to show the court, so they resorted to shady tactics.

Those tactics are becoming more difficult to use. A recent decision held that a bank or mortgage company must show proof of ownership before the court will grant a foreclosure. This means the note must be correctly dated and endorsed before the foreclosure is filed, which does not always happen. In such cases, the court might dismiss the case and force the bank to re-file with the appropriate documents.

This is an important development. It is unclear how persuasive this case will be throughout the rest of Florida, but it could significantly delay the already backlogged foreclosures throughout the state. It could also allow homeowners a new defense against banks and other foreclosure companies that fail to adequately prove ownership of the home itself.

If you are facing foreclosure in Florida, you have numerous rights and do not need to simply vacate your home without a court order. Contact a Jacksonville Foreclosure Defense Attorney to discuss your options.

January 26, 2012

Should I be Careful when Hiring Someone to Assist me with my Foreclosure?

Thumbnail image for foreclosure-scam.jpgRemember, there are almost always several options available to you to help defend against a foreclosure. One of the best options is to contact a Jacksonville Foreclosure Attorney who can help you through the process.

However, you must be cautious. There are people out there who are trying to exploit the current economy, swindling people out of their hard-earned money. In Southern California, for example, a man recently plead guilty to bankruptcy fraud and identity theft after years of "helping" people stall a foreclosure.

The man, Frederic Gladle, operated a foreclosure company and told homeowners he would postpone their foreclosure for a monthly fee. It is evident Gladle knew what he was doing was wrong, as he used numerous aliases in his business. He would have the homeowners who hired him sell a very small fraction of their home to a debtor who was going through bankruptcy. Having the homeowner's name attached to the bankruptcy placed an automatic stay on the foreclosure, meaning the lenders were prohibited from foreclosing until receiving permission from the court.

Using this scheme netted nearly $1.6 million for Mr. Gladle over a 4-year period. Almost all of this money was from homeowners struggling to remain in their homes. Mr. Gladle's actions are abhorrent and it is unfortunate that he was able to swindle even one dollar from anyone. If you are facing foreclosure, do your homework before rushing to make decisions and call a Jacksonville Foreclosure Attorney for help.

January 25, 2012

8-Year-Old Typo Results in Foreclosure Suit

Thumbnail image for foreclosure_def.jpgEight years ago, the Borchers paid their mortgage in full when they sold their house. They hired a title company to take care of the title transaction and moved on with their lives. Now, however, a completely different lender is suing them - along with everyone who has owned the house in the last eight years -- because of a typo on that old sale.

The typo describes the home as "Bloomingdale Section H" instead of "Bloomingdale Section R," a description for a house down the road. There have been three sales since the Borchers sold the home, and nobody caught the mistake until now. Because of that old mistake, the current owners are at risk of defaulting. Bank of America has filed suit against everyone, alleging it is up to the Borchers to resolve the problem. The Borchers are arguing that they are not responsible for the mistake and should not be responsible for correcting it.

Usually, the Borchers could go to the title company they used when they sold the home and who made the mistake, and have them fix the error. The problem here is that the title company no longer exists. This leaves the Borchers with little recourse and it will probably be up to the court to decide how to handle the situation.

Typos are rare occurrences, but they do happen. They are just one of the many ways a faulty foreclosure can be filed against you. If you are facing a foreclosure, contact a Jacksonville Foreclosure Defense Attorney and see how an attorney can help you.

January 24, 2012

I just Received a Foreclosure Notice from a Florida Court. What do I do?

Thumbnail image for Thumbnail image for notice_foreclosure.jpgCalling a Jacksonville Foreclosure Attorney to guide you through the steps is a good first start. But, there are a few other things you should know.

You do not need to immediately move out of your house. Actually, doing so may cause the bank or mortgage company to consider your home "abandoned," making it more difficult for you to obtain assistance. Instead, you can remain in your home until the bank obtains a foreclosure judgment against you.

You should pay attention to the letters the mortgage company sends you. You should not ignore these, and they will likely be useful when you contact a Jacksonville Foreclosure Attorney.

If you speak with the mortgage company about your situation, be honest. If you are not comfortable speaking with the mortgage company, your Jacksonville Foreclosure Defense Attorney can do that for you.

These are just a few simple guidelines to follow if you are facing foreclosure. Contact a Jacksonville Foreclosure Defense Attorney to discuss the details of your foreclosure. Each situation is different, but a qualified attorney may be able to help.

January 23, 2012

What Options are Available if I am Facing Foreclosure in Jacksonville?

strategic_default.jpgIf you live in Jacksonville and are under water on your mortgage -- i.e., your home is worth less than you owe on your mortgage -- you may be considering the option of stopping payments and allowing the bank to foreclose on your home (often called a strategic default). But not everyone wants a foreclosure; homes are a lifelong investment and often are attached to great memories and heavy sentiment. If you are behind on your payments, you have several options, all of which a qualified Jacksonville Foreclosure Attorney may be able to help you determine your options. Your options may include

Reinstatement. This means paying back everything you owe to the bank in order to become "current" on your payment. Unless you come into a large amount of cash relatively quickly, this option is likely not available to most people.

Workout. Some banks and mortgage companies know that foreclosing on a home means another empty house on their books. That is why they may be willing to negotiate a lower payment. There are several types of workouts: forbearance, loan modification, and partial claims.

Refinance.

Sell the home. Some buyers may wish to purchase a home as a short sale, and your mortgage company may be willing to accept the final funds from the sale in order to satisfy the mortgage.

Deed-in-lieu of foreclosure. This is where you give your home back to the mortgage company and simply walk away.

Bankruptcy. While this is not your first option, it can allow you to remain in your home in certain situations. Contact a Jacksonville Bankruptcy Attorney or Jacksonville Foreclosure Attorney to discuss how this option can benefit you.

Each option has its own benefits and disadvantages. One may be more beneficial to some people than others. Contact a Jacksonville Foreclosure Defense Attorney to talk about the options available to you.

January 22, 2012

Florida State Attorney General Pam Bondi Cleared of Wrongdoing

Thumbnail image for attorney misconduct.jpgA while back, we wrote about Florida Attorney General Pam Bondi, who was under fire for firing two attorneys who were leading foreclosure fraud investigations. Ms. Bondi was accused of firing the attorneys without proper cause. Ms. Bondi has now been cleared of any wrongdoing.

The investigation into the firings found that nobody in Ms. Bondi's office was guilty of wrongdoing; instead, the two foreclosure attorneys were fired for their misconduct in the office. One notable instance was a PowerPoint presentation the attorneys gave that contained false information regarding several cases. Later, one of the attorneys evidently emailed confidential information about pending cases to an outside source. The entire report can be found in the Miami Herald Blog.

The firing of the two attorneys may have slowed down some of the investigations into foreclosure fraud, but investigations remain ongoing. If you are facing foreclosure, contact a Jacksonville Foreclosure Attorney who can help you deal with the bank.

January 21, 2012

Is Donating My Home a Solution to my Florida Foreclosure?

Thumbnail image for house.jpgOne possible upside to the number of foreclosed homes across the country is the rising rate of donated homes to non-profit businesses. According to USA Today, Bank of America donated 150 homes in 2011 with plans to donate many more in 2012. Wells Fargo also donated about four times as many homes in 2011 as it had in the previous year. As for Habitat for Humanity, they nearly doubled the number of homes they rehabilitated.

And donations are not just for big banks. Donating might be an attractive option, especially for low-valued homes, as it allows the owner to be free of the mortgage debt and earn charitable tax breaks. The homes are not always re-sold to a new dweller; instead, they might be torn down or at least heavily modified. Note, however, that many charities turn down offers of donated homes, as the homes are often in prohibitively dangerous shape.

Donating a home is not an option for very many people, as many would rather remain in their homes even if facing foreclosure. The options available to you differ depending on your situation. Contact a Jacksonville Foreclosure Attorney to discuss what options you should consider.

January 20, 2012

Is Renting a Possible Solution to Foreclosure in Florida?

Thumbnail image for Rent_home.jpgBen Bernanke, the Federal Reserve Chairman, recently released an opinion outlining his support for a solution to the rising number of vacant foreclosure homes across the nation: converting them to rental units. This would be an interesting issue for Jacksonville Foreclosure Attorneys and their clients.

The trend is clear: the demand for home-ownership is very low, while demand for rental properties is on the rise. But transitioning foreclosed homes into rentals is difficult to do on a large scale. Small entrepreneurs typically may buy several foreclosure homes and rent them out. However, large-scale rental companies have refrained from purchasing foreclosed homes because the homes are often not adjacent to one another but spread throughout a city.

Financing is also a problem. While financing for multi-family rental units is available at a low rate, financing for single-family rentals is significantly higher. This means that those who have the money to purchase single-family homes as rentals do not have much of an incentive to do so. It makes more financial sense to develop multi-family units instead.

But large developers aren't the only ones who could benefit from renting out foreclosure homes. Some people facing foreclosure, or who are underwater on their mortgage, should consider a short sale -- selling their home to an investor who then rents the home. There are numerous options available to those facing foreclosure. If you are unsure of your options or would like to speak with someone who can help you, contact a Jacksonville Foreclosure Attorney.

January 19, 2012

Former Florida Foreclosure Lawyer sued for Fraud

Thumbnail image for Thumbnail image for David J. Stern.jpgYou might recall the name David J. Stern, and I do not mean the NBA Commissioner. Mr. Stern was one of the nation's leading foreclosure attorneys (representing the banks) based here in Florida, before he shut down his foreclosure operations in March 2011 after facing heightened regulatory scrutiny for his practices. Mr. Stern and his law firm were being accused of fraudulently foreclosing on thousands of Florida homes.

Now, Stern's former company, DJSP Enterprises, is blaming him for a number of deceitful practices, including the now well known "cost cutting" measures referred to as robo-signing. Robo-signing came to light a few years ago and is the process where employees sign documents without reading them. Stern is also accused of allowing employees to submit false or backdated documents to courts. Both practices are illegal and led to a brief halt of foreclosure filings when first discovered.

DJSP Enterprises, which now owns much of Stern's former operations, is suing him for fraud and seeking damages. At its height in 2009, Stern's law firm handled twenty percent of all foreclosures in Florida. The firm is now under investigation as many of those foreclosures were the result of fraudulent documents.

Fraudulent documents are a huge problem and make foreclosing on a home very problematic for banks. It is difficult to know if a document is fraudulent, and a qualified Jacksonville Foreclosure Attorney can help you defend against a foreclosure. Even if there are no fraudulent documents involved in your case, you still have rights and should not face foreclosure without legal representation. Contact a Jacksonville Foreclosure Defense Attorney to review your options.

January 18, 2012

What is the "Number 1 Thing" to do when facing Foreclosure?

Thumbnail image for Thumbnail image for gavel.jpgThere is a single fundamental action that must be done when faced with a foreclosure. Once served with a Summons and Complaint, you must file a response or an Answer to the Summons and Complaint within 20 days. The Complaint will and must state with specificity the nature of the action and what the Plaintiff (bank) is requesting.

Determining what to file and when to File an Answer in a foreclosure lawsuit is probably the most crucial step in a foreclosure lawsuit. There are several major benefits you cannot afford to miss out on. Once a response to your lawsuit is filed you will receive future notices of all future actions in the case. A properly written response can help to even the playing ground between the bank and yourself.

A lender bringing the foreclosure action certainly has multiple attorneys fighting for their interest and you should have an attorney reviewing your case and helping you fight to defend your rights and educate you on your options.

Contact a Florida Foreclosure Defense Lawyer or a Jacksonville Foreclosure Defense Lawyer to review your case and see that your foreclosure Summons and Complaint is properly answered and well drafted. A Florida Foreclosure Lawyer will also make sure that all other aspects of your foreclosure case is properly handled, giving you the best chance of coming out of the foreclosure with your head high above water. Complimentary initial consultation.

January 17, 2012

Apple Law Firm PLLC receives Award of Attorney's Fees as Sanctions for Banks Failure to Comply with a Court Order

Thumbnail image for Big_banks.jpgIf you are a Foreclosure Defense Attorney representing a homeowner, you have experienced all too well each and every Banks' attorney's continuous and unrelenting resistance to comply with discovery requests. The Foreclosure Defense Attorneys at Apple Law Firm PLLC meet this block wall by continuing to follow up on each discovery request and the filing of motions to compel with requests for attorneys' fees.

In multiple of our foreclosure cases, after a Bank's continual failure to respond to numerous requests for compliance with discovery requests and after a Motion to Compel has been ignored, Apple Law Firm calls the Motion to Compel up for hearing before a judge. More often than not, the court grants the Motion to Compel.

Following the Bank's continued failure to respond to discovery requests, even after being ordered by a court to do so, Apple Law Firm files a second motion. This motion asks the Court to compel the Bank's response for a second time and requesting the Bank's compliance with the Court's order together with a request for attorney's fees. On numerous occasions, at the second hearing, the presiding judge has no remaining patience for the Bank. The second motion is granted and Apple Law Firm awarded attorneys' fees and costs as sanctions for the Bank's continued failure to respond to discovery and a Court order.

It goes without saying, to be successful in litigation, attorneys must be persistent and this is especially true in Foreclosure Defense. If you are facing foreclosure, make sure you have someone on your side that will vigorously look out for your rights and best interests. Contact a Florida Foreclosure Defense Attorney or a a Florida Foreclosure Defense Attorney.

January 16, 2012

Are Foreclosures Spreading to Suburbs?

Thumbnail image for falling_home_values.jpgThe city of Detroit, Michigan has spent nearly $20 million dollars since 2009 to demolish around 4,000 homes. CBS's news show 60 Minutes recently had a report in Cleveland, where that city is also bulldozing homes in order to save home values. The report also highlighted the fact that foreclosures are on the rise in the suburbs. As values remain low, more and more homeowners are having trouble paying a mortgage that is worth more than the house itself. Some people stop paying because they can no longer afford to, while others simply don't see the point in continuing to pay, even though they might be financially able.

No matter what your situation, if you are in Florida you should contact a Florida Foreclosure Defense Attorney or a Jacksonville Foreclosure Defense Attorney Attorney to explain how a foreclosure suit, and a foreclosure judgment, can affect your personal situation. Nobody should have to face a foreclosure action alone, and an attorney can be a powerful ally if the bank decides to foreclose.

January 15, 2012

Obama's Job Speech and Refinancing

Thumbnail image for Thumbnail image for PresidentialSeal.jpgPresident Obama gave his jobs speech to Congress on Thursday, December 29, 2011. Housing was only briefly mentioned. However, the brief mention could finally be a step in the right direction. President Obama stated he plans to work towards helping millions refinance at todays' record low housing rates.

President Obama is hopeful that with the almost 4% rate we are currently seeing, over $2,000 could be put in a single family's pocket and give a lift to the economy. The President plans to work with federal agencies to allow homeowners with mortgages backed by the federal government to refinance even where the homeowner has bad credit due to a financial hardship or the home is underwater.

Just like the other government programs that have been launched to try to help homeowners save their home in light of a bad economy, this new program is likely to be difficult to navigate and qualify for. If you are facing foreclosure, do not go through it alone. Contact a Florida a Florida Foreclosure Defense Attorney or a Jacksonville Foreclosure Defense Attorney for a free consultation today to discuss the options available to you.

January 14, 2012

Will Foreclosure Debt be Forgiven from income on Tax Return?

Thumbnail image for Thumbnail image for debtrelief.jpgIf a bank cancels or forgives debt from a mortgage, a Form 1099 is automatically sent to you to report the Cancellation of Debt as income. For those not familiar with a Form 1099, it is used to report income that is not earned from wages, salaries or tips. There are multiple versions of the 1099. The Form 1099-C is used to report the Cancellation of Debt. Unfortunately, the Cancellation of Debt reported on a 1099 must be included on a tax return as income on which you must pay taxes.

Since 2007, the Mortgage Forgiveness Act of 2007 (which will expire at the end of 2012) has allowed cancelled debt from a foreclosure to be excluded as income if your primary residence secured the mortgage. However, banks often do not allow the debt left over from a foreclosure to be simple written off in this manner. Instead, the bank chooses to pursue the borrower personally, after the foreclosure has ended and the home sold, for the remaining balance of the mortgage.

It is important to discuss this possibility with an attorney to make sure this does not happen to you. A Florida Foreclosure Defense Attorney can help protect you from being pursued for the remaining balance of your mortgage as well as help you prepare for the future. Contact a Jacksonville Foreclosure Defense Attorney for a complimentary initial review of your situation before its too late.

January 13, 2012

Will Foreclosures Slow Down In 2012?

Thumbnail image for falling graph.jpgToward the end of 2011, foreclosures across the nation increased over 20% from the previous quarter. Considering millions of Americans are still under water, the foreclosure increase is an unfortunate sign that home values are not likely to jump up any time soon. If you are one of the many Florida homeowners with a mortgage that is higher than your home is worth, you should consider contacting a Florida Foreclosure Defense Attorney to discuss some available options.

Nevertheless, many experts agree that the worst of the foreclosure crises the country has faced over the past few years has passed. But the types of homes facing foreclosure might start to change. The initial foreclosures occurred primarily in inner-city neighborhoods. As home values remain low, suburban neighborhoods could see more foreclosures as well. If you are facing foreclosure, contact a Jaksonville Foreclosure Defense Attorney. An attorney can explain the foreclosure process and help you remain in your home.

January 12, 2012

Are Banks Able to keep up with the amount of Foreclosures?

Thumbnail image for notice_foreclosure.jpgUnfortunately, Florida has one of the highest foreclosure rates in the country! The Banks that hold these mortgages have mountains of paperwork to sort through in order to deal with the large amount of mortgages in and heading towards foreclosure. The amount of paperwork Banks currently have is one of the main reasons why it often takes over a year for a home to be foreclosed upon, and a Florida Foreclosure Defense AttorneyAttorney can help extend the process even further.

Here in Jacksonville, a Jacksonville Foreclosure Defense Attorney will defend your rights for you, and force the bank to actually prove they have the right to foreclose on your home. It is important to know that by simply receiving a letter from the bank stating they intend to foreclose does not necessarily mean you must vacate your home immediately. The bank has to file a case against you and prove they are entitled to foreclosure. If you are facing a foreclosure, contact a Jacksonville Foreclosure Defense Attorney to discuss what options are available to you.

January 11, 2012

After a Foreclosure Sale, will I have access to my home?

Thumbnail image for foreclosure_sign_green_grass.jpgThe answer is "It Depends." Time is the determining factor that will decide when you will no longer have access to your home and the property within. As we all have come to know, there is no way to influence time.

Technically once a property is sold at a foreclosure sale, a Certificate of Title must be issued to the successful bidder. Before then, the successful bidder of your home has no right to the property. You remain the owner of the property until the Certificate of Title is issued. Generally, it takes at least a few days for the Certificate of Title to be issued. However, if the property is not properly established as homestead, you may lose access to your home even earlier due to the locks being changed. If your locks are changed while you are still the owner, you can change them back.

If you find yourself in this position, pay close attention to the court docket for your foreclosure case. It is easy to tell when the Certificate of Title has been issued. It will appear on the court docket.

Don't find yourself in the position where you are not only losing your home but also your possessions in your home. Consult a Jacksonville Foreclosure Lawyer or a Jacksonville Foreclosure Defense Lawyer to discuss the options available to you before its too late.

January 10, 2012

Judge Sanctions HSBC

Thumbnail image for hsbc.jpgA judge of the Supreme Court of New York has ordered HSBC to pay a penalty of $10,000. HSBC allegedly filed a false document and then claimed they knew nothing about it. Supreme Court Justice Arthur Schack's opinion compared HSBC's defense to the false document to what many remember from Sgt. Schultz in Hogan's Heroes "I know nothing."

A senior vice president of HSBC later submitted a sworn affidavit stating that HSBC had no knowledge of the loan in question and placed blame of the false document on the loan servicer. Nonetheless, Judge Schack stood behind his decision stating HSBC is still responsible for the actions of its agents. Shapiro DiCaro & Barak, a Rochester-based law firm who represented HSBC in this matter, was also ordered to pay $5,000 for its involvement.

This isn't the first instance of Judge Schack sanctioning HSBC. Earlier this year, Judge Schack caught lawyers for HSBC filing documents signed by "robo-signers" who supposedly worked for HSBC but were in actuality employed by the loan servicer.

There has been so much fraud regarding loan documents in foreclosure actions filed by the banks, it is imperative that you contact a Jacksonville Foreclosure Lawyer or a Jacksonville Foreclosure Defense Lawyeror risk becoming a victim of an improper foreclosure.

January 9, 2012

What are the Benefits of Employing a Foreclosure Defense Attorney?

Thumbnail image for avoid foreclosure sign.jpgIt is almost never too late when facing a foreclosure to examine and discuss the options available to you, even if you have already received a Notice of Sale. Although you might not be able to save your home, you may be able to avoid the numerous other consequences of foreclosure. To make full use of a Foreclosure attorney's professional guidance, it is best to have them review your case as soon as possible.

No matter what you decide, it is important to act timely when facing a foreclosure. Some lawyers charge for initial consultations, but it is possible to find a Jacksonville Foreclosure Defense Lawyer that will provide a free initial consultation.

One of the first steps is to determine how you will make your mortgage payments after the case is resolved. If you are unable to make these payments, changes will have to be made with your finances to enable you to be successful with any resolution you reach with the bank. You need to know if you will need additional employment or more hours at work, and start figuring out how you will accomplish it. Cutting back on things that are not necessary can also increase the amount of money you have available to make mortgage payments. Often people make the mistake of treating the increase in cash flow created by not making a mortgage payment as a pay increase instead of putting that money aside.

Consider using a Jacksonville foreclosure defense attorney who will help you re-evaluate your monthly living expenses to make saving your home and being able to begin making your monthly mortgage payments that much easier. Contact a Jacksonville Foreclosure Lawyer or a Jacksonville Foreclosure Defense Lawyer today for a complimentary initial consultation

January 8, 2012

How can a Bankruptcy aid me in my Foreclosure Defense?

Thumbnail image for Deficiency Judgment.jpgMost likely if you are facing a Foreclosure, it is because of an unforeseen financial hardship. It is also likely that falling behind on your mortgage payments is not the only financial hardship you are facing. It might have also become difficult to pay your other monthly expenses and debts as well.

A Florida bankruptcy may be helpful in defending your foreclosure since there is not a one-size-fits-all approach to every foreclosure defense. Taking into account your personal and family goals, and your overall financial situation is important and key to successful Foreclosure Defense. No matter what course you choose, it is important to put your plan into action quickly.

A Foreclosure lawyer can offer certain options while a Bankruptcy lawyer can offer others. For example, foreclosure defense can offer a loan modification, allow you to walk away from a bad investment, protect you from future liabilities, save you from hours of paperwork, stop harassing collectors from calling you, and protect your credit rating from dropping further. On the other hand, Bankruptcy can allow you to end creditors' reports of delinquency, protect assets, clear away other debt, stall a foreclosure sale, strip away other mortgages, and in some cases help rebuild your credit faster.

Depending on your personal situation, a bankruptcy may be used in conjunction to foreclosure defense. In Florida, Foreclosure Defense and bankruptcy are two tools that can be used to avoid Foreclosure and create a long-term plan for you and your family. Contact a Florida Foreclosure Lawyer or a Jacksonville Foreclosure Defense Lawyer today to determine if one or the other or both of these strategies can help you meet your long-term goals.

January 7, 2012

How Can A Foreclosure Give Me More Time?

Thumbnail image for ForeclosureSign2.jpgDefending your foreclosure can give you more days to find a resolution that is the right fit for you and your family. Despite how much time has already gone by, if you have been served with a foreclosure action, time is running and it does not stop for weekends or holidays. Once you receive that summons, you have 20 days to respond.

You probably do not buy the first pair of shoes you try on, nor are you perfectly satisfied with a new receipt the first time you make it. The same is true with finding the perfect resolution to a foreclosure. There is no one-size-fits-all remedy!

However, time is only secondary to defending your foreclosure. The main purpose of defending a foreclosure is to allow you to seek and accomplish a different way to resolve your foreclosure, such as obtaining a Short Sale, Loan Modification, or deed-in-lieu. The purpose is not to simply postpone the inevitable, you and your family having to leave your home.

Facing a foreclosure can be extremely stressful and difficult to navigate alone. Seek a competent Florida Foreclosure Lawyer or a Jacksonville Foreclosure Defense Lawyer today to help guide you through the foreclosure process and help you find the right resolution for you and your family. The initial case review is with out charge.