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Titusville, Florida Foreclosure Defense Attorneys

Laid off with the space program & now facing foreclosure? Dont Panic! The attorneys at Campbell Law are here to help

Foreclosures on homes and property have been the focus of newspapers and media for several years now. Many homeowners have lost their homes in Titusville, Florida due to the recent reductions to NASA and the Space Program here in Brevard County, including the retirement of the STS Space Shuttle Program, and the simultaneous layoff of numerous defense and aerospace workers. The closure of the Space Center sent unemployment rates up to nearly 11% and left 7,000 families without home or income.

Hundreds of families have relocated and businesses have been forced to close. This leaves other residents in the area struggling to keep a roof over their heads. Foreclosure notices are being served by the hundreds. Homeowners cannot afford to ignore the seriousness of the summons when the foreclosure complaint is served on them by a process server. One of the most costly mistakes a property owner can make is to not take a foreclosure notice seriously.

What To Do When You Receive A Foreclosure Notice

Bank foreclosures are happening all over the world, even in the Titusville, Florida area. The attorneys at Campbell Law are here to help. Most people are unfamiliar with the procedure to follow once they are served with a foreclosure notice, and this lack of knowledge often leads to the loss of the home they worked so hard to purchase.

When you receive the summons and foreclosure complaint, the recipient has less than three weeks to respond. The first reaction of many is to panic. This is often followed by feelings of hopelessness. Few are able to think clearly when they have just been summoned by the court to an action that will lead to being kicked out of their home. Some homeowners may feel that there is nothing they can do to fight back and protect the interests of themselves and their families. This is simply not true. Even if you have been served with a foreclosure notice, there are still legal rights that owners have and should exercise.

Millions of homeowners fall behind on their mortgage payments, but banks and lenders may attempt to take unfair advantage of the borrower. Our job is to make sure the banks follow the proper procedures and protocols, with a focus on strengthening’ the positions of our clients, thus putting pressure on the bank to negotiate an equitable outcome to the case. In some cases, we may ask for a dismissal if the paperwork is not properly documented, such as the mortgage and note, or if other bases for a motion to dismiss may be present.

Don't Hesitate. File Any Paperwork As Soon As You Receive It

Timing is everything when documents have to be filed and stamp-dated before an appointed deadline. Banks waste no time in foreclosing on a home and issuing an eviction notice where it serves their interests. If they are successful, families will find themselves on the streets within a few short months. The foreclosure procedure in the state of Florida is complicated and is governed by very specific rules. During this process, some lenders may attempt to use tactics to deviate from these rules to speed up the foreclosure. Fraudulent foreclosure practices continue to permeate Florida foreclosures. Banks are foreclosing on properties that are not bank-owned, agents are forging key documents, and innocent individuals are caught in the crossfire.

There are a number of reasons why homes go into foreclosure, and homeowners have limited control over some of these factors, such as the availability of employment and the overall state of the economy. During this economic crisis, millions of individuals have lost their homes, banks were forced to close, and the housing market crashed. This has been a difficult time for everyone. Some individuals are just now recovering and others are far from it.

Do Not Ignore Foreclosure Documents

This is easier said than done, but the first step to fighting a foreclosure is not to ignore it. Ignoring what is happening does not make it go away. The documents are time sensitive and an answer must be filed in response to the complaint, usually within 20 days. Failure to comply or respond within the specified amount of time results in the homeowner being in default. When a default is entered, the homeowner have effectively surrendered some of their due process rights. At this point, the bank or lender can legally speed up the foreclosure proceedings.

Homeowners should stay in compliance with court orders and submit documents before the deadline. Paying close attention to the progression of the foreclosure as it moves through each stage is very important. It is equally important to save and maintain a paper trail of every piece of correspondence associated with the proceeding. This is important for building an effective defense. This includes faxes, hand and mail deliveries, and voice recordings. Organize the correspondence in sequential order and file them in a safe place.

Regardless of how overwhelming the process may seem, do not give up hope. There is often a route to obtaining the result you desire. Our attorneys at Campbell Law hold the best interests of our clients as the top priority, and we will fight every step of the way.

Quick Overview of the Foreclosure Process

A lender, homeowner association or other interested party can petition the court and initiate a foreclosure at any time in order to sustain a monetary obligation. Florida Chapter 702 requires this process to be supervised by the courts and include other involved parties.

The Start of the Foreclosure

The foreclosure procedure begins when the bank sends out a notice of default. If the homeowner and bank are unable to reach a favorable payment arrangement or negotiate new terms, the bank will then initiate a civil complaint. The complaint lists the basis for the foreclosure action, including the borrower’s default, and the lender’s entitlement to payment. A copy of the complaint is served upon the homeowner.

Redemption Rights

The homeowner or mortgagee has the right to redeem the loan and end the foreclosure proceeding according to Florida law with certain restrictions. If all outstanding debts are paid according this procedure to the lender, the foreclosure can be prevented. If that is not possible, the attorneys at Campbell Law will provide individuals with a free consultation to discuss their options.

Other steps that follow are the answer, the motion for summary judgment, foreclosure sale, and the deficiency judgment. The attorneys of Campbell Law, serving clients in Titusville, Florida, are here to answer your questions and to assist in finding a suitable outcome to your foreclosure. We are ready to put our experience and resources to work for you. Contact us at (321) 609-5369.