Foreclosure Help & Foreclosure Defense in Orlando, Lakeland, Tampa, Sarasota & Beyond: Call a Foreclosure Attorney Today

From Tampa to Clearwater and Orlando to Pasco County, thousands of families have been overwhelmed by what is now known as "the housing crisis." Struggling to pay high-interest mortgages on homes that are worth only a fraction of what was paid for them, families are also trying to cope with rising insurance premiums, grocery bills, and gas prices, not to mention unemployment. This perfect storm of issues has sent many homes into foreclosure, and many families into financial ruin. Without a doubt, central Florida area residents need foreclosure help, fast.

The optimum time for you to seek foreclosure help is at the first sign of financial trouble. Examples of financial trouble might be when the interest rate on an adjustable rate mortgage (ARM) increases and makes your mortgage payment unaffordable. When this happens, an attorney may be able to help you avoid foreclosure by negotiating a low fixed rate mortgage with your lender. An attorney may also be able to show that your lender engaged in illegal predatory lending practices, further assisting you in your efforts keep your home.

Once you are more than 30 days past due on your mortgage, you risk the chance that your home will fall into foreclosure. In Tampa, Orlando, Lakeland, Clearwater, New Port Richey, and the rest of Florida, foreclosures are always handled by the court system. After you miss 2-3 mortgage payments, the lender will send a demand letter to you, instructing you to pay all past due mortgage payments and late fees by a certain deadline. If you do not comply with the deadline, the lender will hire an attorney to file a lawsuit against you, and you will soon receive a notice from the court about the foreclosure lawsuit.

As the homeowner, you have the right to receive foreclosure help from an attorney who can represent you throughout the foreclosure process. By hiring a foreclosure attorney early, you will give yourself the best chance of staying in your home. With experienced representation, you may be able to stop foreclosure altogether. For a free initial consultation about the foreclosure help available to you, please contact a foreclosure attorney from Kennedy Law Group in central Florida.

The Foreclosure Process in Tampa, Clearwater, St Petersburg, Pasco, Bradenton, Sarasota, Orlando & Throughout Florida

In Florida, lenders may foreclose on a mortgage in default by using the judicial foreclosure process. This is commenced by filing a lawsuit in the Circuit Court in the county where the property being foreclosed is located, be it Hillsborough, Pinellas, Pasco, Manatee, Sarasota, Orange, Osceola, etc.  Again, this is a judicial process - there is not a non-judicial foreclosure process in the State of Florida.

As in any lawsuit, the borrower must be served with notice of the lawsuit and must be given an opportunity to appear and defend his or her rights. The borrower may bring a foreclosure attorney to court. At any time during the foreclosure process, the borrower's foreclosure attorney may be able to make arrangements with the lender to reinstate the loan and stop foreclosure proceedings.

If foreclosure proceedings continue, the lender will try to show that the borrower is in default, and that foreclosure is therefore necessary under Florida equity law. The Florida legislature has passed very few statues regulating foreclosures. The legislature's mortgage foreclosure effort may be viewed Florida Statutes, Chapter 702.01, which is the statutory scheme that regulates mortgage foreclosures in Florida. Most of the law on the subject of foreclosures in Florida is found within cases that have been decided before Florida's judges. Some of the highlights of both the Florida Statutes and judicial decisions are set forth as follows:

• An Equitable Action. In Florida, all mortgages shall be foreclosed in equity, not at law. This means that the foreclosure claim shall be tried before a judge; Florida residents are not entitled to a jury trial in a mortgage foreclosure action. As such, if any counter-claims are filed by the borrower-homeowner, the court shall serve for a separate trial regarding all counterclaims against the foreclosing mortgage. Counterclaims brought by a borrower-homeowner may be tried to a jury, but they must be tried separately from the main foreclosure lawsuit.
• No Injunctive Relief for Borrower-Homeowner. In Florida, because the lawsuit to foreclose on a borrower is a suit in equity, it is impossible to obtain an injunction to stop a court ordered sale. A sale can be set aside if there is an error in the procedure to foreclose. The sale, however, cannot be set aside due to a low sale price. The court order commanding foreclosure will specify how the foreclosure must take place, and the foreclosure must take place on those terms.

Do not delay! Whether your home is in Clearwater, St Petersburg, Tampa, Orlando, Lakeland, Sarasota, Kissimmee, or Pasco, you have only 20 days to answer a foreclosure complaint in Florida. If you do not answer the complaint in time, you may lose your right to assert the defenses which will give you more time in your home.

Our consultations are always free and there is no obligation to use our services. Foreclosure help is just a phone call away. Call a foreclosure attorney in central Florida from Kennedy Law Group at 1-800-207-0005 or fill out our foreclosure help form today.