10 Quick Foreclosure Tips for Brevard County

1. When served with a foreclosure complaint you have 20 days to respond. Don’t wait to the last minute to hire a foreclosure defense attorney. Contact a foreclosure defense attorney as soon you are served the complaint. A foreclosure defense attorney can help you draft your response to maximize your outcome.
2. Know your rights when your home goes into foreclosure. Far too often homeowners are just walking away from their house when they don’t understand what their rights are. A foreclosure defense attorney will explain your options and help protect your rights throughout the foreclosure process..
3. Don’t assume the lender that is foreclosing has your mortgage. Mortgages are bought and sold in bundles. A foreclosure defense attorney can review all the documents and protect you against a lender foreclosing on a mortgage they might not properly own.
4. Verify when the mortgage company alleges that you made your last payment. They may have sent multiple earlier demand letters that can start the clock on the statute of limitations on foreclosures.
5. Make sure the pleadings description matches the description in your mortgage. Sloppy paperwork can provide an avenue to defend a foreclosure action.
6. Mortgages may be bought and sold multiple times prior to the foreclosure complaint. Review the documents to ensure there are valid assignments and that the transfers are correct.
7. Check to see if the bank is enrolled in HAMP. If they are, you may be entitled to force the mortgage company into a modification or at least mediation.
8. Did the opposing party comply with the 2013 Florida Fair Foreclosure Act? The filing party is now required to certify under oath that they are in actual physical custody of the note. Verify that this has been completed.
9. Save all documents that you receive throughout the process. Countless times the information you may have could differ from what the bank has accumulated. Why trust the bank? Protect yourself and create a record of all your foreclosure and mortgage documents.
10. Hire a foreclosure defense attorney. You may think you will save money using online research to save your home and negotiate the foreclosure process. Too often, “going it alone” costs the homeowner more in the long run. Hiring a foreclosure defense attorney that you trust will help ensure that tips 1-9 happen and that your foreclosure rights are protected. At The Law Office of John A. Russo, P.A. we always offer a free consultation to listen to your situation, explain the process and help you understand your rights. This enables you to decide the most optimum course of action for your situation.