How to Defend Against Foreclosure
There was once a time when it was nearly impossible to legally defend against a foreclosure. Many foreclosures automatically went to court as per state law, and the court automatically accepted them. As gross corruption and unfair lending practice have been uncovered in the mortgage market, the courts have become much more sympathetic to arguments against foreclosure. The homeowner will need a specialized attorney to guide them, and there are many different defense options to take, depending on the situation.
The First Steps
In order to create a foreclosure defense in Brevard County, a lawsuit must be brought to court. In Florida, the lender automatically brings the lawsuit as part of the foreclosure process. The court will notify the homeowner by serving them a notice of default. That is the time when it is important to take quick action. If the borrower does not respond to the notice within a certain time, then the lender can push for a final ruling without the defense having any statement. The court will almost always rule in the lender's favor in such a circumstance.
Common Defenses Against Foreclosure
Every foreclosure case is subtly different, but there are a few types of defense that occur more often. The homeowners attorney will advise them on which defense is most appropriate for the case.
Unconscionable Mortgage Terms
This common type of defense attempts to prove that the terms surrounding the mortgage agreement were so unfair that they "shock the conscience of the judge." This usually works if the lender took gross advantage of a disadvantaged consumer. Perhaps the borrower spoke little English, so he or she was unable to fully understand the agreement. The lender knew this, so they intentionally put unreasonable terms into the agreement, such as excessive balloon payments or a loan amount that the borrower had no hope of repaying based on their income.
Identifying Procedural or Other Errors
The lender must follow specific state procedures when filing the suit, serving notice and other steps. If these procedures were not followed, or if there are errors in documents, then the judge can dismiss the lawsuit.
If other legal defenses fail, then declaring bankruptcy may be the best defense. Bankruptcy is an important legal and financial decision. While it has a very damaging effect on credit and overall financial health, bankruptcy can allow a homeowner to keep their home and get out from under other types of debts.
If you are facing foreclosure defense in Brevard County, please contact the qualified attorneys at Harper Ogden LLC to help with your case. Their website can be reached a www.lawteam4u.com The worst thing you can do is wait and hope that the issue will go away.