Foreclosure Our mission is to help people out of debt, and we don't take shortcuts

Orlando Foreclosure Defense Attorney

Defending Clients From Foreclosure in Florida

For many people, owning a home is a very important part of creating a stable and secure family. Unfortunately, it can work out to do just the opposite in some situations. Faced with overwhelming debt and insane mortgage rates, many families find they are unable to cope.

At the Law Offices of Joseph J. Mancuso, we are compassionate about helping Floridians improve their financial situation. Call (407) 378-5488 or contact us online for a free consultation with our Orlando foreclosure defense lawyers. Nearly 100 years of experience!

How to Beat Foreclosure

Below are common ways to stop the foreclosure process in Florida:

Mortgage Workout. Lenders may be willing to compromise on your mortgage, so contact them!
Bankruptcy. When you file, lenders are immediately prohibited from foreclosing on property via automatic stay.
Short Sale. Sell the property for less than what's due on the mortgage.
Deed-in-Lieu. Transfer the title of the property to the lender so you are released from obligation.
Renting the Property.

The banks don't skip a beat in foreclosing. After all, in some cases the bank's outrageous home loans are what helped cause the situation in the first place! If you are facing the possibility of losing your home, our Orlando foreclosure defense attorneys have a thorough understanding of the law and may be able to help.

Related: Is It a Wrongful Foreclosure? Learn More.

What is Deed in Lieu?

If you are eligible, a deed in lieu may be an option to stop foreclosure if you and your mortgage lender agree to it. Your lender must evaluation and deliberate your circumstances, then agree to take back your property instead of foreclosing on it. Typically, the deed in lieu will fulfill the debt that is owed, but if it does not, you may be liable to for repaying the rest.

Before your mortgage lender can consider this option, you must meet the criteria below:

The property is not an investment property, nor is it abandoned. It is your "homestead".
It must be in good condition (inventory or a statement of condition may be required).
It must have been on the market between 90 and 180 days.
There are no other liens on the property.
You must have suffered a hardship such as loss of employment, divorce, significant medical issue.
You have explored other options and exhausted all financial resources available to you.

For more guidance, reach out to an Orlando foreclosure defense attorney at the Law Offices of Joseph J. Mancuso, PA.

Hesitation can mean the loss of your home -- you have a chance to fight back.
Call (407) 378-5488 to request a free evaluation with a foreclosure lawyer near you.

The Florida Foreclosure Process

A lender must wait until the borrower is at least 120 days delinquent before filing for foreclosure. Most mortgages in Florida have a clause requiring the lender to first send a breach or demand letter to inform the borrower that they are behind on mortgage payments and the loan is in default. This letter must include the date by which the default must be resolved.

If the default has not been resolved by the specific date, the lender can proceed with the foreclosure case. In the state of Florida, foreclosures are judicial. This means that the lender must first file their foreclosure case to be processed in the court system.

Below is an overview of the foreclosure process in Florida:

The lender first files a complaint with the state court, which is served with a summons to the borrower.
The borrower has 20 days to file an answer.
If no response is received, the court can provide a default judgement and the borrower automatically loses the case. Borrowers file an answer prevent the lender from obtaining a default judgement.
The lender can then either file a motion of summary judgement, meaning the court will rule in favor of the lender assuming there is no dispute to the facts of the case, or take the borrower to trial.
If the court grants summary judgment for the lender or the borrower loses at trial, the home will be sold at auction.

How Long Does The Foreclosure Process Take?

The length of the foreclosure process in Florida can vary depending on various factors and circumstances. Generally, it can take anywhere from several months to over a year to complete a foreclosure in Florida.

Below are some key factors that can impact the timeline for foreclosure:

Judicial vs. Non-Judicial Foreclosure: Florida allows both judicial and non-judicial foreclosure processes. Judicial foreclosure involves court intervention, which may result in a longer timeline due to the involvement of legal proceedings. Non-judicial foreclosure, on the other hand, can be quicker as it doesn't require court involvement.
Case Complexity: The complexity of the foreclosure case can affect the timeline. Complicated legal issues, disputes, or challenges raised by the homeowner can extend the duration of the process.
Homeowner's Response: The homeowner's response to the foreclosure proceedings can impact the timeline. If the homeowner contests the foreclosure, files legal defenses, or requests delays, it can prolong the process.
Court Backlog: The workload and backlog of foreclosure cases in the court system can impact the timeline. If there is a high volume of cases or delays in scheduling hearings, it may lengthen the process.
Negotiations and Settlements: If the homeowner and lender engage in negotiations or explore alternatives to foreclosure, such as loan modifications or short sales, it can extend the timeline. The parties may need additional time to reach a resolution.
Mediation or Loss Mitigation Programs: In some cases, mediation or loss mitigation programs may be available, allowing the parties to work towards a resolution. The availability and effectiveness of such programs can impact the timeline.
Compliance with Legal Requirements: Compliance with specific legal requirements and procedural steps is crucial in the foreclosure process. Any errors, discrepancies, or failure to meet legal obligations can result in delays or even dismissal of the foreclosure.

Not all foreclosure cases are the same, and the timeline can vary based on these and other factors specific to your situation. If you are facing foreclosure, consult with a seasoned Orlando foreclosure attorney at Law Offices of Joseph J. Mancuso, PA to get an idea of what your timeline may look like and navigate the process effectively.

At our law firm, we offer a free initial consultation by phone, allowing you to discuss your situation with our knowledgeable attorneys. With nearly 100 years of combined experience, our foreclosure attorneys have successfully helped hundreds of clients throughout Florida. We understand the urgency of your situation and are available 24/7 to address your concerns and provide guidance.

Can I Qualify For A Loan Modification?

Qualifying for a loan modification is possible depending on various factors and eligibility criteria. A loan modification is a potential alternative to foreclosure that involves modifying the terms of your existing mortgage to make it more affordable. The requirements vary among lenders and programs.

Below are some factors that are considered for loan modification eligibility:

Ability to demonstrate financial hardship
Demonstrate ability to pay modified mortgage payments
Your loan type and status
Your loan-to-value ratio
Investor guidelines
Ability to provide detailed documents regarding your financial situation
Accurate completion of the loan modification application

How The Law Offices of Joseph J. Mancuso Can Help

With all the foreclosures, home loan and mortgage scandals in the news, it is vital that you have the skilled representation of a foreclosure attorney in Orlando. Whether you want to stop a foreclosure with Chapter 13 bankruptcy protection or get out from under a mortgage that is strangling your finances, our firm in Central Florida may be able to negotiate with lenders on your behalf.

At the Law Offices of Joseph J. Mancusco, PA we have helped clients with short sale, mortgage modification, repossession defense, wrongful foreclosure, and other issues surrounding home ownership and loans. Foreclosure lawsuits can be stressful, but having the help of a lawyer that will look out for your best interests can make all the difference.

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Contact Law Offices of Joseph J. Mancuso at (407) 378-5488 to speak with a foreclosure lawyer in Orlando. We can help you explore your options to save your home.

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