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The Foreclosure Process in Florida

Orlando Foreclosure Attorney Explains What to Expect

The foreclosure process can only begin when a borrower (or homeowner) defaults on their mortgage payments. At that point, lenders are permitted to file a judicial foreclosure complaint against a homeowner. This court action is called a pending lawsuit (Lis Pendens), demands full payment of your mortgage payment, and is usually sparked by a homeowner being behind or not paying monthly mortgages. In order for the Lis Pendens to be approved, lenders must be able to prove that you are more than three payments behind.

Florida's 20-Day Time Frame

Lenders are not required by Florida state law to notify homeowners that they are initiating a Lis Pendens. Regardless of whether or not you are aware that your lender has filed for a court action, you may only have up to 20 days to respond to the lawsuit against you. From that point forward, the foreclosure process is as follows:

  • You have 20 days to file a response to your foreclosure complaint service. Should you choose to not respond, seeking legal counsel is of the highest importance to your case. An experienced attorney can guide you through legal defenses surrounding your personal situation.
  • Should you decide to respond within 20 days to your complaint service, with the help of an attorney, you could be offered the chance to present your side of the story at a hearing. Having a skilled foreclosure defense attorney by your side can help you stay in your home while they fight on your behalf against a foreclosure lawsuit.
  • A hearing is held for summary final judgment. If you cannot successfully contest the complaint, your property could be set for a foreclosure sale. The lender will essentially receive the right to sell the property and collect all the amounts or proceeds. The lender has the right to sue the homeowner if the sale price of the property does not cover the balance due on the loan.
  • If you are able to successfully contest the complaint, court ordered foreclosure alternatives could range anywhere from a short sales, a deed in lieu of foreclosure, or a loan modification.

After being served with a foreclosure complaint, most homeowners don't know where to turn and could feel abandoned during their greatest time of need. At Perez Conrique Law, we understand that you are simply trying to protect your family and your assets, and we want you to get back on your feet. By consulting an Orlando foreclosure lawyer, you can learn more about the rights you are entitled to, as well as the defenses that are available to your foreclosure defense process.

Senate Bill 87 Explained

If you are facing a foreclosure complaint, now more than ever, time is of the essence. As of mid-2013, Florida State Senate passed a controversial bill that speeds up the process of foreclosure. Masked behind the intent of benefiting the economy, more and more homeowners have found themselves foreclosing on their properties and home investments, often bewildered by the whirlwind of a process.

Simply put, Senate Bill 87 is a new law that benefits anyone who could potentially have any sort of financial gain or financial interest from a foreclosed property. Under the guise of protecting the real estate market and boosting the economy, the real purpose of this law is to speed up hearings so that property can be sold back to lenders - such as banks, condominium, or apartment complex owners - at a quick rate. At Perez Conrique Law, we believe that you have the right to fight against the foreclosure process. Your home deserves protection, and our attorneys are ready to discuss the options that are available to you.

Seek Guidance from an Orlando Foreclosure Defense Lawyer

Florida's foreclosure process can either be time consuming or as quick as a blink of an eye if you aren't careful. Controversial bills such as Florida's Senate Bill 87 make the foreclosure process complex, and your home could be hanging on the ledge of a perilous slippery slope. By seeking proper legal guidance from an attorney, you can tread cautiously through the foreclosure process and ensure that each step that you take is the right one, and will not cause you to slip back into deeper financial hardship.

If you are at risk of foreclosure, or are receiving threats of foreclosure, consult an Orlando foreclosure attorney from Perez Conrique Law. We have more than 20 years of combined legal experience, and our skilled attorneys are prepared to happily listen to your situation, assess your case personally, and give unique and helpful foreclosure advice. Depending on the factors that surround your case, you could stop a foreclosure or fight against it. Get started today, there is no time to waste! Contact our firm or fill out a free case evaluation form.

Perez Conrique Law - Orlando Foreclosure Attorney
Located at 746 North Magnolia Avenue, Orlando, FL 32803. View Map
Phone: (407) 749-1591 | Local Phone: (407) 545-4400.
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.