STILL THINK YOU CAN DEFEND FORECLOSURE AND OBTAIN A MODIFICATION ON YOUR OWN?

court houseBy Omar J. Arcia, Esq.
Foreclosure Defense and Consumer Bankruptcy Attorney

 

            If you still think you can defend the foreclosure of your home or obtain a mortgage modification on your own, here are some sobering facts to consider.

            When the Florida legislature approved additional funding to clear the foreclosure backlog in June 2013, it also ordered our court system to clear 256,000 foreclosure cases per year through 2016. That’s more than 700 cases per day. 

            Unlike other Florida judges, foreclosure judges are effectively temps who don’t have to face voters.

            Today, most foreclosure cases are set for trial or final judgment within 6-8 months, and any continuances of trial are routinely denied.

            Mortgage giant Freddie Mac pays mortgage servicers “bonuses” for expediting foreclosures and charges a daily penalty for delayed foreclosures

            If you are in foreclosure or at risk of foreclosure, how can you combat against this court system set up to dispose of foreclosure cases with brutal efficiency?

            The most important tool you can use to defend against our court system’s quest to drain the dockets is to hire a qualified and experienced foreclosure defense attorney. First, don’t settle for anything less than an initial face-to-face meeting with the attorney. Let’s get real, 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 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.

            Another critical tool to save your home from foreclosure is to ensure that the law firm you hire to defend your case has established loan modification and consumer bankruptcy departments. 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 are privileged to successfully represent hundreds of homeowners in our community. We have foreclosure defense, loan modification and bankruptcy departments all within the same office, and we will gladly refer you to dozens of 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, or visit www.arcialawfirm.com to schedule your appointment online.

            Detailed explanations of different options available to homeowners are also discussed in a unique DVD developed by the Arcia Law Firm entitled “Fight For Your Home.” If you mention that you heard about the DVD through this 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 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.