Florida Estate Planning Lawyer Blog

How long can I stay in the home or what are my options?
It is still possible to stop the Summary Judgment and remain in the home but you need to act quickly or you could be removed from your home in as little as 24 hours after the sale.

Most Florida Foreclosure law suits are improperly filed and can be stopped, but you should discuss your situation and circumstances with a Florida Foreclosure Lawyer as soon as possible. Generally, you should start this when you first fall behind in your payments but we have had success in stopping summary judgments and even sales once they are scheduled. Whether anything can be done depends on the individual circumstances of a case.

If you are in foreclosure on your home or a rental property you should contact a Jacksonville Foreclosure Lawyers or Florida Foreclosure Lawyer to discuss your options.

If I do a Short Sale on my Florida Home am I responsible for anything else? Yes you can be responsible for the difference in what the home is sold for and the loan amount + additional fees and expenses. You must get the mortgage company to release your from this liability. Many will tell you that it is not possible, but it's done all the time.

Before agreeing to a short sale in Florida, a loan modification, or a forbearance agreement, you should have the agreement reviewed by a Florida Foreclosure Lawyer or Jacksonville Foreclosure Lawyers to make sure you understand what you are agreeing to.

In a Florida Foreclosure Law Suit it is possible to amend an answer once it is filed. Often this is done when there was a mistake with the original answer or the Defendant has submitted a letter on your behalf as an answer. Sometimes the lender or the person suing you amends their complaint to change out the plaintiff or to change the language in the lawsuit. Courts will generally allow a part to change a complaint or answer but do not have to. Some changes are not permitted and you should discuss any changes made with a Florida Foreclosure Lawyer or a Jacksonville Foreclosure Lawyers

Florida is not the number 2 state for Foreclosures as it moves ahead of California with 1 of every 165 homes in danger of becoming bank-owned reported the Palm Beach Post.

Many properties that sold in 2003-2006 are now upside down and if people loose their jobs, they risk not being able to pay their mortgage or sell their home. In November there were more than 3300 foreclosures filings. While this number is similar to October's number it is 26% greater than in 2008.

With 1 of six foreclosures in the US being reported in Florida, there a greater risk of foreclosure in Florida than in most states.

If your home is in Foreclosure, or your are at risk of a Florida Foreclosure, or are in the process of attempting a loan modification, you should contact a Florida Foreclosure Lawyer to discuss your options and what rights you have. Often families faced with foreclosure in Florida may find that there are defenses to the foreclosure and counterclaims that can help them stay in the home and may be a better option than walking away or doing a short sale, or a loan modification.

Most homeowners do not realize that a Florida foreclosure can be defended. Homeowners have the ability to fight for your right to remain in you home. THE APPLE LAW FIRM CAN FIGHT FOR YOU!

You may be upside down in your property today and think that walking away is your best option. STOP AND THINK. This may not be the right choice for you and your family! Over time your equity will return and by defending your foreclosure now, your future equity can be in protected and you may stand a better chance to economically survive. Fighting a Foreclosure makes sense for many Florida families and should be discussed with a Florida Foreclosure Lawyer or a Florida Foreclosure Lawyer who can look at your individual circumstances and let you know what your options are.

You may be behind in your payments and might have received a notice of default. That does not mean you must leave your property! Regardless of what debt collectors are telling you. You are a homeowner, not a renter. Eviction is not the lenders remedy. You have a right to fight for your home.

Sometimes events in your life have result in a financial hardship. Just because you are in default, it does not mean you have to rollover and abandon your home. By allowing the foreclosure to proceed without asserting your rights, you are providing relief to lender and giving them an easy out to seek the judicial sale your home, whether they actually own your home or not. You may believe you are in the wrong because you haven’t made your payments. This is not always the case. An experienced Jacksonville Foreclosure Lawyers or Florida Foreclosure Lawyer can explain why you should assert your rights and ways to protect your home.

There has been a barrage of "Non-Lawyer assistance" programs soliciting services to negotiate a “work-out”. Once a lawsuit has been filed, they cannot represent you and protect you in the Florida foreclosure lawsuit. Unless and until you receive a court document confirming the foreclosure has been dismissed, the lawyers on the other side will proceed. Regardless of what anyone is telling you! 


We have seen many clients that are in the process of a loan modification and a Florida Foreclosure case is filed against them. There are steps that every homeowner should take to protect their rights even if they are not in foreclosure at this time. The company you are paying for your monthly payment to may not even own your note and you may find that you owe the money to someone else. IF you own a home and are at risk of a foreclosure in Florida you should contact a Jacksonville Foreclosure Lawyers or Florida Foreclosure Lawyer as soon as possible to discuss your options.

Can your Bank Lock you out of your home before a Foreclosure is finished?

Just a few days ago a family returned home from a Thanksgiving trip to find that her bank had locked her our of her home. The bank's inspector claims that the home looked abandoned. and change the locks to prevent damage to the property.

The funny thing is the woman had just modified received a letter from the bank that she has loan had been modified.

We have seen several lock outs and its important to discuss how to prevent lockouts with your Florida Foreclosure Lawyer. If you have been locked of your home there are things that can be done and you should contact you Jacksonville Foreclosure Lawyers to discuss them.

Jacksonville Foreclosure Lawyers from the Apple Law Firm will be attending a workshop in Jacksonville Florida on Defending Foreclosures in Florida on Friday November 6th. April Charney, a nationally recognized foreclosure expert will be featured at the foreclosure workshop.

The Program will include

* Federal and State laws that Govern Mortgage Origination
* Understanding Loan Documents, Origination, and Closing Process
* Servicing Problems and Post Origination Issues
* Common Law / State Law Causes of Action and Affirmative Defenses for Foreclosure Cases
* Drafting Discovery and Foreclosure Motion Practice
* Ethical Discussions / Consideration in Foreclosure Practice.

For More information on attending this seminar, you should contact Christa Figgins at 224-1545

If you are being faced with a Jacksonville Foreclosure or a Florida Foreclosure you should contact a Florida Foreclosure Lawyer to discuss your options and rights.

Florida Foreclosure and Loan Modification Question
I’ve been served with a complaint for foreclosure, but I have been working with my mortgage company on a loan modification, do I really need to respond?

Response
It is important to respond to any complaint timely to preserve your rights. The Summons you were served, together with the Notice of Lis Pendens and Complaint require some sort of response to be file with the Court. Your failure to respond will result in a Default being entered against you. You should talk with a Florida Foreclosure Lawyer before responding to the Court. it is important that you do not waive any potential defenses, and time is of the essence in filing your answer.

Mortgage Default Letters. We are often asked what should you do once you receive a letter that states you are in default of your mortgage.

If you have received a Notice of Default you can send a debt verification letter to the entity you are making payments to. You can also send a Qualified Written Request “QWR” and obtain valuable information about your loan.

Pursuant to The Real Estate Settlement Procedures Act, 12 U.S.C. § 2605(e), your mortgage company is required to acknowledge your request and must respond timely.

Remember it never to early to talk to a Florida Foreclosure Lawyer about how to protect your home or other property from foreclosure.

A Florida foreclosure can start anytime after the borrower defaults on the mortgage term. Most lenders will start the Florida Foreclosure process when payments are 3-4 months past due. If you do not defend your foreclosure, you can lose your home within 150 days after the Florida Foreclosure lawsuit is file.

If you are expecting your home to be foreclosed upon in Florida or have already been sued for Foreclosure contact a Florida Foreclosure Defense Lawyer to discuss your rights.