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.

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.

As a Florida Foreclosure Lawyer we notice trends that would lead you to believe that the banks are using HAMP to collect fees and not to actually help people. A recent article on PUBLICCITIZEN a Consumer Law & Policy Blog has an article by Alan White where they quote some of the HAMP Conversion rates. It would appear from the very low rates, that there is an intentional effort not to approve, or to allow many into the program who they know will not qualify. The these numbers are compounded further by those who wait months to try to receive approval for temporary modifications.

As of August 2009, Bank of America had only accepted 59891 temporary loan modifications, while this may seem like a lot, they only converted 98. That means they collected fees from more than 600 people for every conversion. With All of the fees go to the servicer, It easy to see how Bank of America and other Banks are padding their bottom line at the expense of the American Consumer.

The bad news is that even those who are eventually approved find themselves in a worse position than if there was no loan modification. While the current payment is lower, many will actually end up paying more for their home than if they were able to perform under the original note. Since a prerequisite of the program is your upside down in the home (but not too much- we would not want to help those who really need it) maybe its a good that few of the HAMP modifications are actually approved.

If you are stuck in limbo contact a Jacksonville Foreclosure Lawyers who helps clients from many states who are subject to a Florida Foreclosure by Contacting us to discuss your situation, goals, objectives, and ways we can help.

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.

Many Jacksonville Foreclosure Lawyers see the poor attempt by banks to do loan modifications.

Loan Modifications are in the news in Jacksonville Florida where it appears that many have been told to stop making payments to be eligible for a Mortgage Modification. Once individuals stop making payments, the banks have been known to stall and claim that they have lost the records. Often individuals who participate in loan modifications must resubmit documents every thirty days. Many do not qualify for the government supported loan modifications and are only offered minor drops in the payments.

If you are participating or trying to achieve a Florida Loan Modification, you should be gathering information on violations of the laws by the people you are speaking to. Please contact a Florida Foreclosure Lawyer to request information on how to log these violations. These violations of the laws can be compensated and can help to offset your mortgage amount.

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.