Florida ranks 12th in the nation for foreclosure rates. As of January 2023, one out of 3,987 homes was in a state of foreclosure; 2,449 homes struggled to remain afloat in this battle against financial woes.
The unfortunate truth is that many of these homeowners attempt to confront their legal battles without consulting a Florida foreclosure defense attorney and end up losing their most valuable asset—their home. A skilled foreclosure defense attorney can defend against the foreclosure lawsuit, giving the homeowner time to resolve short term financial issues or allow the attorney to negotiate a suitable loan modification on the homeowner’s behalf.
The team of Florida foreclosure defense attorneys at Kovar Law Group has had the privilege of assisting distressed homeowners throughout the entire state of Florida, including Pinellas County and Central Florida. Our attorneys understand that foreclosure is an emotionally charged legal battle and are committed to providing compassionate, specialized counsel to meet the needs of each of our clients.
We have dedicated ourselves solely to helping homeowners who are facing foreclosure and recognize that fighting a bank or loan servicer is no easy feat. If you are struggling to stay afloat in the vicious current of foreclosure proceedings, let our experienced attorneys help you. We offer free consultations and easy and affordable payment terms.
The “Judicial” nature of Florida foreclosures requires that the lender or loan servicer (plaintiff) file a civil lawsuit against the homeowner (defendant). Once a Complaint is filed, the lender or loan servicer must serve the lawsuit on the homeowner. The homeowner then has 20 days to respond by filing either a Motion to Dismiss or Answer with a Counterclaim and/or Affirmative Defenses.
If the homeowner does not respond to the Complaint within 20 days, a default can be entered by the clerk or the court. A default can result in a default final judgment of foreclosure that will end the homeowner’s ability to defend against the lawsuit. That is why it is so important to respond to the lawsuit within 20 days.
In most cases, a homeonwer’s Answer will deny the allegations of the Complaint and then assert several Affirmative Defenses. An Affirmative Defense is a legal argument that can be used to defeat the lawsuit or reduce the damages sought by the lender or loan servicer. An Affirmative Defense might be based on standing, the failure to comply with the terms of the mortgage, a loan modification, fraud, or other legal arguments.
After the Answer has been filed, either party may serve written discovery requests on the other party. The discovery process may take 45 to 90 days and can involve requests to produce documents, interrogatories (written questions), and depositions.
If the parties are unable to settle after discovery is complete, the case will go to trial. At this point, the homeowner must present evidence in support of their Affirmative Defenses. If the homeowner is successful, the foreclosure lawsuit will be dismissed or the lender or loan servicer will be required to accept a reduced amount.
At Kovar Law Group, our attorneys are guided by a simple mission: to help homeowners remain in their homes, keep their assets, and protect their credit. To achieve this goal, we employ a custom approach to Florida foreclosure defense:
Beyond the courtroom, our attorneys can also provide advice on issues such as loan modifications and bankruptcy. We understand that no two cases are alike and are committed to providing personalized and compassionate legal counsel.
Foreclosure defense requires more than just a legal strategy; it also demands creativity and innovation. Strategic foreclosure defense can be used to defend against foreclosure, prevent it in the first place, or buy you time while seeking alternative solutions. In some cases, strategic foreclosure defense may also include counterclaims against the lender.
This type of foreclosure defense requires the expertise of a qualified Florida foreclosure defense attorney. The attorney will review all available options, assess the situation, and develop a customized strategy to suit your individual needs.
Depending on the circumstances, this could include negotiating with lenders, filing for bankruptcy, or challenging the lender or loan servicer’s evidence in court. In addition to these traditional techniques, there are other strategies available to help protect your rights and assets. These include filing a lawsuit against the lender, seeking loan modifications, obtaining refinance options, and even defending you in court.
Chapter 13 Bankruptcy is one of the most common methods for stopping a foreclosure in Florida. In a Chapter 13 Bankruptcy, the debtor (homeowner) must develop a payment plan to address all of their debts over a three-to-five-year period. The court will approve this plan, and the debtor must then make regular payments to their creditors (lenders).
The great advantage of Chapter 13 Bankruptcy is that it allows the debtor to make up any missed payments on their home loan and protects them from foreclosure while they repay the remaining debt. Chapter 13 Bankruptcy can also reduce interest rates and eliminate late fees. Finally, Chapter 13 Bankruptcy may allow the debtor to pay off their debts over an extended period of time, making it easier to manage their financial obligations.
End your search for a reliable foreclosure defense attorney here. Kovar Law Group’s skilled foreclosure defense attorneys can defend you against foreclosure, giving you time to resolve short term financial issues or allow the attorney to negotiate a suitable loan modification on your behalf. Our Florida foreclosure defense lawyers have the knowledge and experience to help you protect your rights and assets.
We understand each case is unique, so we will work with you to develop a customized strategy for your situation and provide easy and affordable payment terms. Remember that you only have 20 days to respond to the lawsuit, so if the deadline is approaching, make sure to call us ASAP so we can get you an extension.
Contact our office today to arrange a free consultation and get started on the path toward protecting your future.
We look forward to hearing from you!