Real Estate Law > Foreclosure Defense
Are you facing foreclosure?
At the Miami Legal Center, we realize how critical your home is to your family’s welfare. If you have experienced financial hardship and are at risk of losing your house, our foreclosure defense attorneys will use every strategy at their disposal to help. If you are in default on your mortgage payments through no fault of your own, or if you feel you may have been a victim of unethical lending practices or mortgage fraud, we encourage you to contact us before it is too late to take action.
Foreclosure defense strategies: What can a lawyer do for you?
Our goal is to stop foreclosure proceedings and negotiate mortgage terms that will allow you to make payments and stay in your home. Our lawyer may negotiate a loan modification that includes an interest rate and principal reduction, term extension (converting a 15-year loan to a 30-year loan), a complete loan program change (from an adjustable rate mortgage to a fixed rate mortgage), or a combination of modifications. One of our experienced loan modification lawyers will evaluate your situation and recommend a course of action. Your attorney will consider the following strategies:
Aggressive litigation defense
If your mortgage is riddled with fraud and inaccuracies you may have some legal rights. In some cases, a judge may award you with a dismissal of your lenders case with prejudice.
Negotiate a loan modification or forbearance agreement
If you are, because of unavoidable circumstances, unable to make your payments and are in default, our attorneys will ask your lender to enter into a forbearance agreement while we restructure, refinance, or modify your loan agreement. For example, under the forbearance agreement, the lender may delay foreclosure while your lawyer negotiates a loan modification you can live with.
Pre-foreclosure sale (“short sale”)
Your lender may agree to a pre-foreclosure sale, or “short sale,” of your home. In a short sale, your home is sold for less than you owe on your mortgage loan, and the lender accepts the sale amount as payment for your debt. Thus you avoid going through foreclosure.
Ask one of our experienced attorneys about the different relocation assistance programs in a short sale, including the Home Affordable Foreclosure Alternatives Program (“HAFA”). For example, HAFA provides homeowners the opportunity to exit their homes and be relieved of their remaining mortgage debt through a short sale or a deed-in-lieu of foreclosure. It also provides homeowners with up to $10,000 in relocation assistance.
Foreclosure defense strategies: What can a lawyer do for you?
Our goal is to stop foreclosure proceedings and negotiate mortgage terms that will allow you to make payments and stay in your home. Our lawyer may negotiate a loan modification that includes an interest rate and principal reduction, term extension (converting a 15-year loan to a 30-year loan), a complete loan program change (from an adjustable rate mortgage to a fixed rate mortgage), or a combination of modifications. One of our experienced loan modification lawyers will evaluate your situation and recommend a course of action. Your attorney will consider the following strategies:
Aggressive litigation defense
If your mortgage is riddled with fraud and inaccuracies you may have some legal rights. In some cases, a judge may award you with a dismissal of your lenders case with prejudice.
Negotiate a loan modification or forbearance agreement
If you are, because of unavoidable circumstances, unable to make your payments and are in default, our attorneys will ask your lender to enter into a forbearance agreement while we restructure, refinance, or modify your loan agreement. For example, under the forbearance agreement, the lender may delay foreclosure while your lawyer negotiates a loan modification you can live with.
Pre-foreclosure sale (“short sale”)
Your lender may agree to a pre-foreclosure sale, or “short sale,” of your home. In a short sale, your home is sold for less than you owe on your mortgage loan, and the lender accepts the sale amount as payment for your debt. Thus you avoid going through foreclosure.
Ask one of our experienced attorneys about the different relocation assistance programs in a short sale, including the Home Affordable Foreclosure Alternatives Program (“HAFA”). For example, HAFA provides homeowners the opportunity to exit their homes and be relieved of their remaining mortgage debt through a short sale or a deed-in-lieu of foreclosure. It also provides homeowners with up to $10,000 in relocation assistance.