If you've missed one or more mortgage payments, you're probably aware that you are in a less-than-ideal situation with your lender. This can be a critical period for homeowners who know that foreclosure is a possibility but are unaware of what that legal process entails or what their options are. Below, we take a look at the foreclosure process is in Florida after a homeowner has missed payments on their mortgage.
Initial Notifications
If you've missed one or more mortgage payments, then you will receive notice from your lender in an attempt to collect these payments. These notifications will come in the form of phone calls or letters. It's critical that you take these notices seriously-- in fact, the sooner you can start to discuss debt relief options with an attorney, the better. This is your first opportunity to take a proactive step in avoiding a foreclosure.
The Pre-Foreclosure Loss Mitigation Review Period
Once 120 days of payment delinquency have passed, mortgage lenders can file your case with state court and officially start the foreclosure process. This does not mean that a foreclosure will occur, however, and you will continue to receive notices from your lender about opportunities to mitigate the losses. If the homeowner has yet to take action to avoid a foreclosure, then now is the opportunity to do so.
The Breach Letter
If a homeowner does not take action in the pre-foreclosure loss mitigation review period, then they will receive a breach letter. This is the lender letting the homeowner know that they have defaulted on the loan and, if appropriate action is not taken, the house will be foreclosed on. If the homeowner has not yet retained counsel, then now needs to be the time to do so. Breach letters will likely give the homeowner 30 days to act.
Court
In Florida, lenders must file a lawsuit against homeowners in order complete a foreclosure. That means that state court will oversee this process and the homeowner will be afforded due process, including discovery, the opportunity to file a motion for summary final judgment, and, if needed, a trial. It is highly advised that homeowners facing this process retain an experienced attorney to navigate your case, review all of your foreclosure defense options, and advocate for you both in and outside the courtroom.
If you find yourself at any part of this foreclosure process, then The Buchalter Law Group is ready to hear from you. Our skilled and effective Brevard County bankruptcy and foreclosure lawyers are well-versed in the laws that surround this process and how to best protect the interests and well-being of our clients.
Do not face this process without proven counsel by your side. Contact our firm today.