HOW TO COMBAT LIGHT SPEED FORECLOSURES

avoid foreclosure By Omar J. Arcia, Esq.
Foreclosure Defense and Consumer Bankruptcy Attorney

            Since June 2013 when the Florida legislature approved additional funding to clear the huge backlog of residential foreclosures, major changes have occurred to the time in which foreclosure cases are brought to trial. Previously it would take anywhere between eighteen months to two years before a foreclosure case was completed. Today, most foreclosure cases are set for trial or final judgment within 6-8 months. The goal is to erase the statewide foreclosure backlog by 2016. Based on these state time limits, it may appear that judges in South Florida are more concerned with eliminating the backlog than with dispensing justice. If you are in foreclosure or at risk of foreclosure how can you combat against “light speed” foreclosures?

            The most important tool you can use to defend against our courts’ quest to drain the dockets is to hire a qualified and experienced foreclosure defense attorney to guide you through the minefield of valid defenses to a foreclosure action. First, don’t settle for anything less than an initial face-to-face meeting with the attorney. Let’s face it, if they are too busy to meet with you personally to review your case, they will just be “too busy” to actually help you with your case. Also, make sure that the attorney has plenty of litigation and trial experience (at least fifteen (15) years), and that the attorney regularly practices in the county where your case is pending. Finally, make sure the attorney has a proven track record of outstanding results and satisfied clients. Ask the attorney to refer you to at least three satisfied clients. If they refuse to provide you this information, thank the attorney for her time, don’t waste another minute of your time, and leave the office.

            Another critical tool to defend against “light speed” foreclosures is to ensure that the law firm you hire to defend your case has established loan modification and consumer bankruptcy departments. This will give you the very best opportunity to save your home. If your legal defenses to the foreclosure case are not accepted by the court, you can process a loan modification, reinstatement, or short payoff of your loan. If all else fails, right before the foreclosure auction of your home takes place, you can file a consumer bankruptcy and attempt to complete the modification within the bankruptcy proceeding.

            The attorneys at the Arcia Law Firm have more than 40 years combined litigation and trial experience, and we are privileged to successfully represent hundreds of homeowners in our community. We have foreclosure defense, loan modification and bankruptcy departments all in the same office. We will gladly refer you to our satisfied clients so you can be confident in your decision to hire our Firm. If you are struggling to make your monthly mortgage payments, if you are in the middle of a frustrating loan modification process, or if you just received a foreclosure summons, contact the Arcia Law Firm today at 954-437-9066 to schedule a free personal consultation with an attorney (not a paralegal or assistant), or visit www.arcialawfirm.com to schedule your appointment online.

            Detailed explanations of different options available to homeowners are also discussed in a new DVD developed by the Arcia Law Firm entitled “Fight For Your Home.” If you mention that you heard about the DVD through blog post, you will receive a complimentary copy during your free consultation to discuss your case in detail with a member of our highly experienced and determined legal team.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.