Pre Foreclosure Defense
Foreclosure proceedings are initiated with what is called a, Lis Pendis, which is a document that is filed along with the legal action and complaint. The pleadings are filed with the Clerk of the Court who then forwards the Lis Pendis to County Records. Once the Lis Pendis is returned to the Clerk of the Court from County Records, the summons is issued by the Clerk of the Court, complaint is docketed, and the process server is then retained by the mortgagor to serve you the foreclosure action. The Lis Pendis places a lot of restriction on your ability to transfer, assign or sell your home. These lawsuits for foreclosure may be filed by a plethora of interested parties who are legally permitted to place liens on your home through mortgage instruments, such as, the financial institution as your lender, your Home Owner Association (HOA), or mechanic/contractor that has placed a lien against your home for improvements.
At this point, you are now a Defendant in a Foreclosure action, and the end result? The prosecuting party will end up taking your home and essentially, “kicking” you out of it should you not properly defend the action. Amazingly enough, this could happen in as little as a month proceeding the response time for the complaint. So, if a Foreclosure Action has been filed against you, what are your options?
- Schedule A Convenient Appointment
- No Obligation
- Free Consultation*
- Understand Your Rights
- Don’t Lose Your Home
- Call Now -561.939.8042
- In Broward Call – 954-956-7676
No Legal Representation Is A Risk During Pre Foreclosure
Without proper legal representation, you are not effectively representing your ownership rights, giving the lender, HOA, or mortgage holder an advantage in Court to ultimately foreclose on your home shortly after the foreclosure action is filed. You have 20 days to respond from the date you are served. Failure to respond will result in a judgment and foreclosure on your home. Should you fail to properly defend yourself in Court, you could be out in as little as a month.
Legal Representation Is The Right Decision
It is in your best interests to hire an attorney to represent you in the foreclosure matter, even proactively where the bank has or has not yet filed an action against you for Foreclosure. If you are late on your payments and facing a Foreclosure, you should retain counsel to properly represent your interests against a Foreclosure and potentially work with the bank to avoid the foreclosure process completely. If you have already been served for Foreclosure, you have rights! The bank has the burden of proof, and our attorneys require the bank to prove their case, so the bank may not be able to foreclose for weeks, months, years, or possibly never. Most beneficially is that, you may stay in your home without having to pay the mortgage during our defense of the action.
How Much Does Pre Foreclosure Defense Cost?
Most likely less than what you are currently paying on your mortgage! Starting at $400.00 per month, including costs, you may stay in your home for weeks, months, years and possibly forever as we defend you in the action for Foreclosure, and while not paying your mortgage!