Foreclosure Defense

Harris Howard, P.A.

Foreclosure Defense

FORECLOSURE DEFENSE

With Broward County and Miami-Dade County ranking at the top of the charts in the number of foreclosures filed, many homeowners face the unsettling fact that their home is in foreclosure or will soon be in foreclosure. Whether your property is located in Miami, Fort Lauderdale, Hollywood, Weston, Coral Springs or anywhere in between, Harris Howard, Esq., will protect your legal rights and help to save your home. DO NOT lose your home without a fight. Call for a free consultation with a foreclosure defense attorney.

If your home is in foreclosure, you must learn what legal rights you have. You may be able to modify your loan, short sale your property or enter into a deed in lieu with your lender. During the process, you MUST defend the foreclosure lawsuit filed against you by the Bank. If you do not respond to the foreclosure complaint filed by your lender, you will lose your home at a foreclosure sale. Call Harris Howard to learn about the foreclosure process.

In Florida, a foreclosure lawsuit must go through the judicial system. The foreclosure process begins when your bank or lender brings a lawsuit against you in the Circuit Court in the County where the property being foreclosed is located. When you are served with a Summons and Complaint, a foreclosure lawsuit has begun. You have 20 days to respond to the Complaint. If you do not file a response to the lawsuit, you lose many of your legal rights. If you never file a response, the bank will be entitled to a default final judgment. Then a public sale will be set where your house will be sold to the highest bidder. Generally, this sale date is set approximately 3-4 months after the final judgment is set.

Often the bank that has filed a foreclosure action against you is not the proper party to initiate such a lawsuit. In legal terms, this raises the issue of whether or not the bank that sued you has "standing" to do so. Because the lender that gave you your loan likely assigned the mortgage or transferred the mortgage, you must make sure the bank properly executed and recorded these documents. If the Plaintiff suing you has no standing, the case must be dismissed.

While your foreclosure case is pending, you will not have a mortgage payment. Use a portion of these savings to pay an attorney to help keep you living n your home.
Call (954) 610-2975 or email HarrisHowardLAW@gmail.com to schedule a free consultation and learn how to defend the foreclosure filed against you.

BANKRUPTCY

Bankruptcy may be an option for you if you have significant debts. Debts arising from Credit Cards, Home equity lines, and car loans can be discharged in a bankruptcy. IRS tax liens and Student loans cannot be discharged in bankruptcy. A general overview of the main types of bankruptcy is below.

Chapter 7 Bankruptcy – basic liquidation of assets for individuals and businesses

Chapter 11 – rehabilitation or reorganization, used mostly by business debtors, but sometimes by individuals with substantial debts and assets

Chapter 13 – rehabilitation with a payment plan for individuals with a regular source of income

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Harris Howard, P.A. is proud to offer Aggressive and Effective Representation
Payment Plans.

ALL Attorney fees are negotiable.

If we defend your foreclosure, you will be able to afford attorney fees because you will NOT be paying your mortgage while you are being represented.

For a more complete description of the fee structure, please see the Costs and Resources page.

Harris Howard, P.A. offers free initial consultations.

Please call us at (954) 610-2975 or email us at HarrisHowardLAW@gmail.com to set up an appointment.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.