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Foreclosure Attorney Tampa

As often happens in foreclosure cases, homeowners do not have enough information regarding their rights. Homeowners often believe the only rights they have, is to either pay back the amount due on the mortgage, work with the bank to pursue a loan modification, or to vacate the house before they are evicted. In most cases, people try to work with the bank desperately looking for ways to save their home. Unfortunately, during the process of trying to work with the bank in seeking a loan modification, many homeowners ignore the legal process in the courts, thereby giving up their rights to challenge the foreclosure. 

Therefore, instead of standing up for their rights under the law, many homeowners spend a great deal of time trying to convince the bank to work with them to save their home from foreclosure.  While sometimes those negotiations are effective resulting in a loan modification, many more times they are not and, when the bank turns down the modification there may be nothing further that can be done to save the home from foreclosure.

Even borrowers that have missed a great many mortgage payments still have rights to help defend against foreclosure and fight for their home. These rights allow a homeowner to demand that banks follow the strict legal procedures and laws before obtaining a foreclosure judgment and forcing people to vacate their homes after foreclosure.  Defending these critical rights in a court of law must begin before any foreclosure auction sale of the property is concluded and the ownership is transferred to a new owner or back to the bank.

All families facing foreclosure have rights they need to be aware of and to be prepared to exercise those rights to defend their home.  Failure to do so will allow the bank to have an easy or streamlined foreclosure.  If the homeowner does not defend their rights in the courts, the entire foreclosure process may take as little as a few months to complete. By challenging the foreclosure in court and standing up for their legal rights, homeowners can prolong the entire foreclosure process, allowing more time to establish a negotiated resolution with the bank.   By fighting the foreclosure, homeowners greatly increase their chances of saving their home. 

There are many legal defenses that homeowners can raise to oppose the banks right to foreclose. The best example that most people are aware of is that if the bank does not possess the original mortgage note.  In this instance, the plaintiff in the case cannot prove its legal standing to sue and therefore, cannot obtain a foreclosure judgment.  In addition to the “missing or lost original note” defense, with proper analysis and qualified legal representation, there are many other defenses that homeowners can assert to help them protect their homes.

In troubled times like this, who can you call on for assistance?  Not all attorneys are good at what they do.  There are a few that are exceptionally great at what they do.  Caroline Secoris the leading foreclosure defense attorney in the state of Florida. 

Call today for a free consultation.


Carolyn Secor
 
 

 

The federal government passed new bankruptcy reform legislation in October 2005. However, don't be discouraged! Most studies indicate that the new law affects less than 15% of individuals who could have filed previously. If you are feeling overwhelmed by your debts and considering filing bankruptcy, it is highly probable that you fall into the category of the 85 percent of people who are still eligible to file.

 

 

 

"Serving Pinellas, Pasco, and Hillsborough Counties."

Carolyn Secor, Attorney at Law
Bankruptcy Attorney Tampa Bay Florida
Florida Law Firm with Offices in
Clearwater (Main Office) Tampa St. Petersburg Port Richey
Phone:  1-727-254-1704
www.bankruptcyfortampa.com

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

       
 
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