Contested Foreclosure
Florida Foreclosure Sales Issues Newsletter
By Ami Kiser, Partner.Foreclosure is rarely a simple, straightforward process. Every state has its own laws and procedures regarding foreclosure, which may differ depending on the nature of the property and the circumstances of the owner/borrower. Specific records may be required within set deadlines, and any misstep can delay or prevent foreclosure. The rules, moreover, have changed in recent years to reflect issues created by the novel coronavirus pandemic. When borrowers contest foreclosures, the resulting litigation and other proceedings can be complex and difficult to navigate.
If you are looking to foreclose on a residential or commercial property, you need assistance from knowledgeable, thorough real estate counsel. The attorneys and staff at Gilbert Garcia Group are ready to assist with maneuvering the confusing legal system. Our decades of combined legal experience will ensure a swift, comprehensive resolution to your Florida foreclosure matter.
Florida and Judicial Foreclosures
In some states, lenders can automatically foreclose on borrowers once a mortgage becomes delinquent, through a streamlined administrative proceeding. In Florida, foreclosures must be brought through the judicial system. That means filing a complaint in court and proceeding with claims before a judge, which can be a notoriously slow, complex process. In 2013, however, Governor Rick Scott signed into law a foreclosure bill that expands the use of an expedited, fast-track foreclosure process under certain circumstances.
The recent bill also changed other rules concerning foreclosure, including the burdens placed on lenders prior to initiating foreclosure. If you are planning to foreclose on a commercial or residential property in Florida, it’s important to have knowledgeable legal counsel on your side. Missteps in the legal process can delay or prevent foreclosure, or leave a cloud on a title and undercut its value. With help from the seasoned foreclosure attorneys at Gilbert Garcia Group, you can ensure a fast, efficient, and final foreclosure, protecting your finances and your interests.
Overcoming Defenses to Foreclosure
Gilbert Garcia Group’s contested foreclosure attorneys have years of experience representing lenders seeking foreclosure on Florida properties. We’ve faced and dispensed with all manner of defenses to foreclosure, including:
- Lender failure to make required disclosures
- Predatory lending allegations and allegations of fraud
- Breach of contract
- Missing promissory note or mortgage
- Deficiency period defenses
- Bankruptcy
If you are seeking to foreclose and the borrower contests your rights in court, our contested foreclosure legal team is prepared to take your case. We’ll conduct a thorough review of your property, all associated documents and transactions, missed payments, and other evidence to develop the strongest argument for your foreclosure in court.
COVID-19 and Foreclosure Moratoriums
The novel coronavirus pandemic continues to affect families and businesses across the country. In recognition of the burdens placed upon borrowers and renters, Florida state and the federal government enacted a number of protections, including moratoriums on eviction and foreclosure proceedings. While borrowers and renters can benefit from expanded state and federal assistance programs, the actual moratoriums on foreclosure and eviction have largely expired.
It’s important to keep a watchful eye on the state and federal governments to see if a new moratorium or other restrictions will rise in the coming months as the coronavirus pandemic continues to impact the national economy. The real estate legal team at Gilbert Garcia Group is constantly vigilant for any changes to state or federal real property law. If you have questions or concerns regarding your pending foreclosure or any other matter of real estate law, our Florida commercial and residential real estate attorneys are ready to offer advice and assistance.
Experienced Advice and Representation for Your Florida Contested Foreclosure
If you need assistance with a contested foreclosure or if you anticipate a borrower is likely to object to a foreclosure or eviction proceeding, our seasoned Florida contested foreclosure attorneys are ready to hear from you. Call one of our dedicated real estate lawyers today to discuss your matter. Contact Gilbert Garcia Group, P.A. to learn more about how we assist banks and other lenders across Florida with foreclosure and other real estate matters.
