Reasons Why You Should Not Try a Do It Yourself Foreclosure Defense

Foreclosure do it yourself defenseBy Omar J. Arcia, Esq.
Foreclosure Defense and Bankruptcy Protection Attorney

 

            We have counseled hundreds of clients through the years, and the most significant mistake homeowners make when faced with a foreclosure case is that they wait until the very last minute to contact an experienced attorney. Many homeowners think that just like fixing a leaky faucet at home, they can defend themselves in a foreclosure proceeding to save their home. Here are several reasons why you should not try a do-it-yourself foreclosure defense.

            Florida’s “Fair” Foreclosure Act (Florida Statutes s.702) makes it far easier for lenders to get families out of their homes. Under current Florida law, the burden has now been placed on homeowners to prove that the bank does not have the right to foreclose, instead of the bank being required to prove that they are entitled to a foreclosure. Homeowners now have 20 days to organize their evidence and present that proof to the court, whereas before they had years to develop their case against the lender. Some of the legal defenses to a foreclosure are highly technical, changing, and require specialized knowledge.

            Florida leads the nation not only in completed foreclosures from 2013 to 2014 (according to CoreLogic), but also has the largest backlog of foreclosure cases. The courts are doing everything within their power (and beyond) to “flush” foreclosure cases out of the court system as quickly as possible. The “rocket docket” system implemented in many jurisdictions to dispose of hundreds of foreclosure cases daily, is just one means of accomplishing this goal. Courts are also randomly setting cases for trial that are not ready for trial. Unsuspecting homeowners that are unprepared to defend their case, or that fail to seek a timely continuance of trial, find themselves forced to accept a final judgment of foreclosure, and a foreclosure auction within just 35 days.  

            Preparation is the most important step you can take right now. Your timeframe to save your home has been SHORTENED by our legislature. Organize all your closing documents, mortgage statements, every communication you’ve had with the bank, and contact the experienced attorneys at The Arcia Law Firm. This way you can work with an attorney to ensure that your rights are defended quickly and fully. We will work with your individual financial needs to ensure that you are able to afford legal representation throughout this difficult process.

            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 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 Omar Arcia, or visit www.arcialawfirm.com to schedule your appointment online.

Detailed explanations of different options available to homeowners are also discussed in a consumer 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.

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