Foreclosure Defense
Tallahassee Foreclosure Defense Attorney Serving
Tallahassee, Four
Points, Woodville, Leon County, and Northern Florida.
DISCLAIMER:
The foreclosure process can be very complex in the State
of Florida, and your options and results will be largely
dependent upon the facts specific to your case. The laws
in each state vary, so any information found on this
site is specific to Florida and should not be relied
upon in lieu of an in person consultation with an
attorney to review your case.
What is Foreclosure?
– Foreclosure is the legal mechanism that a lender uses
to take ownership of property used to secure a loan or
other debt which is secured by the property. In Florida
this process MUST be done through the court system and
the lender cannot take possession of the property
without a court Order.
If I am behind on my mortgage payments how long
before the bank can or will foreclose on my house?
– There is no specific time in which this takes place.
Each lender has a different process they follow before a
foreclosure is filed in the court. In most cases the
lender is required to provide you with a notice of their
intentions to foreclose by certified mail prior to
taking any legal action against you.
I
was served with a foreclosure Notice and a Summons, what
do I do?
–
You should contact an attorney who is experienced with
foreclosure defense to evaluate your individual
circumstances and provide you with advice and a possible
plan of action. Many attorneys will waive or reduce
their consultation fees for foreclosure consultations.
Our office provides one hour of consultation in
foreclosure matters at no charge. This can be
accomplished on the phone or in person, though in person
meetings are usually more beneficial.
How soon should I contact a lawyer after I receive a
Summons?
As soon as possible. If you fail to provide a response
to the lawsuit the lender could obtain a default
judgment against you, proceed to have you removed from
the property, sell the home, and in some cases even
obtain a deficiency judgment against you.
REMEMBER: The worst
thing you can do when you receive a summons is to do
nothing at all.
Can I stay in my home while I am challenging the
foreclosure?
– YES! Until the judge in your case makes a final ruling
and issues the Order for you to move you can remain in
possession of your home. The lender does not have the
right to remove you from the premises prior to the
court’s Order.
How long does the process take?
– This is one of the most asked questions regarding
foreclosure. The answer is that it depends on the facts
of the case, the outcome you are trying to achieve, your
ability to make future payments, and the ability of your
attorney to protect your rights. Some cases have
lingered in the court system for several years, but this
is not typical. In most cases a resolution is reached
within a year or so.
If you have questions, concerns, or legal needs regarding
foreclosure defense issues, we urge you to
seek the legal advice of an experienced Tallahassee
foreclosure defense attorney - lawyer at
William W.
Gwaltney, Attorneys at Law
by calling
850.385.1259
to schedule a confidential legal consultation.
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