Although foreclosure may seem like a dreadful situation, there are feasible ways to stop it by demonstrating the other party is somehow rendering the foreclosure unfair. When raising defenses in the court, the homeowner can challenge the foreclosure with the help of an expert attorney and save the property.
In this article, you will find out realistic options to stop foreclosure in Florida.
How Can I Stop Foreclosure in Florida? – Introducing the Subject
Florida law provides that all cases involving foreclosure due to defaulted mortgage payments will happen in a court of equity. When conducting the case, a court of equity may apply the principles of equity.
Hence, a judge will consider not only each party’s legal defenses but also acts incurred by the lender that could render the foreclosure unfair. Besides, such cases have no jury involved, so the judge is responsible for determining the case’s outcome.
Although it is possible to persuade the judge to stop a foreclosure by demonstrating the lender was not fair in the process, it is a complex and legally demanding task. Ultimately, the only sound approach is to work with an experienced probate attorney to stand a chance in court.
Possible Defenses Against Foreclosure in Florida – Unclean Hands
One of the possible defenses against foreclosure in Florida is proving the lender incurred unclean hands. To demonstrate the party seeking to foreclosure property has unclean hands, the homeowner must prove an illegal or fraudulent transaction has occurred.
For instance, if there is evidence that a bank has tortiously interfered to enforce a loan and foreclose a home, the process should be stopped entirely. Besides, an unrighteous, unconscious, or oppressive conduct incurred by a lender regarding the loan may serve to prove unclean hands.
Ultimately, unclean hands require the homeowner to demonstrate a detriment to him/her incurred by the lender. Consequently, proving improper conduct is not sufficient, as a court will require evidence of the actual harm incurred by the lender’s actions.
Proving unclean hands is not easy, which explains why homeowners do not use this defense often. Regardless, make sure to contact a foreclosure defense attorney to assess whether it may be the solution for your case.
Possible Defenses Against Foreclosure in Florida – Conditions Precedent
When the lender fails to satisfy all the conditions precedent to foreclosure, it is possible to use it as a defense to stop foreclosure in court.
The term “condition precedent” refers to an event that must take place before performance becomes due under a legal agreement. For instance, one of the conditions precedent in foreclosure is the lender’s requirement to provide notice of default if the homeowner fails to pay the mortgage.
In Florida, there is several conditions precedent for lenders to fulfill before foreclosing a property. In this context, working with an attorney with experience with both contract and foreclosure law may save one from unpleasant headaches.
Possible Defenses Against Foreclosure in Florida – Chapter 13 Bankruptcy
Filing for bankruptcy is always an option for financially distressed individuals. Filing for Chapter 13 bankruptcy permits homeowners to force the lender to accept a five-year payment plan.
Hence, a distressed homeowner will not need to pay the full mortgage within the five-year period, but only the past due amount. After opting for this defense, it is vital to sit down with an expert attorney to convince the lender and tailor a payment plan.
How Can I Stop Foreclosure in Florida? – Work with Attorney Romy B. Jurado Today
With a decade of experience saving clients from having their homes foreclosed, Attorney Romy B. Jurado is a well-versed legal advisor in South Florida. Waste no time – contact us today by calling (305) 921-0976 or emailing Romy@juradolawfirm.com to schedule a consultation.