Hollywood Foreclosure Defense Attorney Helps Homeowners

Determined Florida lawyer offers advice when your home is in jeopardy

For most Americans, owning their own home is a dream come true. But that dream quickly becomes a nightmare when a lender threatens foreclosure. In a foreclosure proceeding, you stand to lose your home and your equity, and the corresponding hit to your credit rating will make it very difficult to dig yourself out of financial trouble. To prevent the hardship and embarrassment of a foreclosure, the Law Offices of James Jean-Francois, P.A. is prepared to help. Drawing on more than 15 years of experience representing homeowners in foreclosure actions, I provide trustworthy legal service personalized for your specific circumstances. I examine the facts of your case and explain the options available to you. When you retain my services, you can rely on me to fight tirelessly for the result you seek.

Strategies for fighting home foreclosure actions in Florida

Lenders have the right to foreclose on a home loan when the borrower has not kept up with scheduled payments for a significant period of time. The mortgage contract explains the circumstances under which a lender can initiate foreclosure proceedings. If your lender has threatened to foreclose on your home, you should contact a foreclosure defense attorney immediately. In my practice, I have been successful helping clients keep their homes through various defense strategies, including:

• Lack of standing to sue — Typically, a foreclosure action is brought not by the original mortgage lender but by another entity that has been transferred a beneficial interest in the loan by assignment or endorsement. If the acquisition of that interest is not properly documented, the plaintiff has no standing and the suit may be dismissed. This often occurs when mortgage loans are pooled and sold as securities.
• Unclean hands — Foreclosure is a form of equitable relief, which the court can order if it is necessary to reach a just resolution. Under Florida law, a lender cannot ask the court to order a home foreclosure if the lender has acted unfairly toward the borrower and that unfair conduct is the reason the borrower has failed to keep up with payments.
• Procedural defects — Florida law has strict procedural requirements for foreclosure actions. Common missteps include failing to provide a 30-day notice of default and failing to execute proper service of process for the lawsuit. The lender might also file a procedurally deficient complaint, meaning that what they allege in their court filings does not present grounds for foreclosure.

When circumstances do not allow for these defenses, a homeowner may still have options. Through a loan workout, the parties can agree to alter the mortgage terms to make repayment easier. If the borrower is under such financial stress that repayment is not feasible, the lender might agree to a short sale. This means the purchase price is less than the outstanding mortgage debt on the property, usually because there has been a significant drop in market value. If the lending bank approves the short sale and agrees to waive its right to seek a deficiency judgment, the homeowner loses the property but avoids foreclosure and its negative effects on his or her credit rating.

Finally, some homeowners are able to hold onto their homes by filing Chapter 13 bankruptcy, which restructures debt. This is a serious step that no one should take lightly. If other debts such as a credit card balance or medical bills are weighing you down but you have a steady income, Chapter 13 bankruptcy could provide the relief you are looking for.

There is no one-size-fits-all solution for a foreclosure. That’s why it’s imperative that you work with an attorney who personalizes legal services to meet your specific needs. I get to know your circumstances and present options that are appropriate and effective before working determinedly to deliver positive results.

Contact my Hollywood office for a free consultation on foreclosure defense

The Law Offices of James Jean-Francois, P.A. provides individualized attention for homeowners facing foreclosure throughout the Hollywood area. To schedule a free consultation, call me at 954-780-8505 or contact my office online. My Hollywood office is conveniently located at 6100 Hollywood Blvd., Suite 211, between Florida’s Turnpike and South State Road 7.