Florida home defended against unlawful foreclosure Florida

Defending Against Unlawful Foreclosure in Florida: Legal Strategies and Advice

In recent years, the issue of foreclosure has once again become a critical concern for many homeowners, years after the 2008 financial crisis accelerated the problem. If you are currently facing the possibility of foreclosure due to unlawful practices, you have options available to you to fight this process and save your family home.

Johnny Bardine of The Bardine Law Firm is committed to helping all clients put their best defense forward. To learn more about your options, contact us today at (727) 605-7078 or through our website.

The 2008 Financial Crisis and Its Impact on Foreclosures in Florida

The 2008 financial crisis originated from complex financial factors and had widespread impacts worldwide, including here in Florida. The most commonly cited causes include:

  • Subprime Mortgage Lending: Financial institutions excessively provided mortgages to borrowers with poor credit histories, leading to a surge in risky loans.
  • Financial Market Deregulation: Over the years, deregulation in the financial sector led to less oversight and increased risky behaviors among financial institutions.
  • Housing Market Collapse: The housing bubble burst due to high-risk mortgage lending and speculative investments, leading to a sharp decline in housing prices.

As a consequence of these factors, many hardworking Floridians who had taken out mortgages during the housing boom found themselves in precarious financial situations. Johnny Bardine was personally involved in helping defend Florida homeowners from the big banks that took advantage of the economic chaos they themselves created.

Identifying Unlawful Foreclosure Practices

Unlawful foreclosure practices often violate homeowner rights and can lead to wrongful foreclosures:

  • Robo-signing involves the mass production of foreclosure documents without verifying their accuracy.
  • Dual Tracking occurs when lenders simultaneously process a loan modification application and move forward with foreclosure, undermining the homeowner’s ability to seek alternatives.
  • Lack of Proper Notification to homeowners can cause them to be uninformed about foreclosure proceedings.

Q: Why is Robo-signing illegal? Robo-signing is illegal because it violates the legal requirement for lenders to ensure that all foreclosure documents are accurate and properly reviewed before proceeding. This practice came under scrutiny during the 2008 financial crisis when many lenders were much looser with their practices. Robo-signing undermines the integrity of the foreclosure process and deprives homeowners of their right to due process, potentially leading to wrongful foreclosures based on inaccurate or fraudulent documentation.

Q: How does dual tracking violate homeowner rights? Dual tracking is harmful because it puts homeowners at risk of losing their homes even as they actively seek solutions to avoid foreclosure. Dual tracking can create confusion and stress for homeowners, who may believe they are on the path to resolving their mortgage issues, only to find their homes foreclosed upon. This practice violates homeowner rights by undermining the fair and transparent processing of loan modification applications and not providing a clear, dedicated path to avoid foreclosure.

Legal Rights and Protections for Homeowners

As a homeowner facing foreclosure, you should always strive to understand your legal rights to protect yourself. These rights are designed to ensure fair and lawful treatment throughout the foreclosure process:

  1. Right to Receive Notice: Homeowners are entitled to receive clear and timely notice about the foreclosure process – information on the default, the timeline for response, and details about the foreclosure hearing.
  2. Right to Contest the Foreclosure in Court: You have the legal right to challenge the foreclosure in court, present your case, dispute inaccuracies, and explore legal defenses.
  3. Right to RedemptionFlorida has a limited Right to Redemption that gives homeowners the right to redeem their property by paying off the total amount of the debt, even after a foreclosure sale has occurred.
  4. Right to Reinstatement: Before the foreclosure sale, you might have the option to reinstate the loan by paying the overdue amount plus fees.
  5. Right to Loss Mitigation: Homeowners have the right to explore loss mitigation options like loan modifications, forbearance agreements, or short sales to avoid foreclosure.

Building a Strong Defense Strategy

The initial steps in building a solid foreclosure defense strategy involve:

  • Seeking Legal Advice: Consult with a foreclosure attorney to get a professional assessment of your situation and advice on the best course of action.
  • Reviewing Loan Documents: Carefully examine your mortgage documents to understand the terms and identify any discrepancies or violations.
  • Understanding Your Rights: Familiarize yourself with your legal rights and the foreclosure laws in Florida, along with your attorney.

Working with an attorney, you can workshop some effective defense strategies, including:

  • Challenging the Lender’s Right to Foreclose: Assert the lender’s lack of “standing” or question the ownership of the mortgage note.
  • Identifying Procedural Errors: Look for any procedural mistakes made by the lender, such as insufficient notice or incorrect filing of documents.
  • Negotiating Loan Modifications: Work with your lender to modify the terms of your mortgage, making payments more manageable and avoiding foreclosure.
  • Exploring Loss Mitigation Options: Investigate alternatives to foreclosure, such as short sales, deed in lieu of foreclosure, or forbearance agreements.
  • Asserting Violations of Federal and State Laws: If applicable, claim violations of consumer protection laws like the Truth in Lending Act or Real Estate Settlement Procedures Act.
  • Bankruptcy Filing: In some cases, filing for bankruptcy can temporarily halt foreclosure and reorganize debt.

Contact A Florida Foreclosure Defense Attorney Today

Johnny Bardine wants to hear from you if you are facing foreclosure in the Tampa Bay area. His experience during the mortgage crisis gives him valuable insight into the best ways to protect the most valuable asset of his clients. Contact our team today at (727) 605-7078 or through our website to learn more.