Plantation Florida Foreclosure Lawyers

Light & Gonzalez PLLC litigates foreclosure defense cases in Plantation Florida and throughout South Florida.  We are available for consultation on Pine Island between 595 and Broward and will handle any matter in Broward, Miami-Dade or Palm Beach County. We are happy to take the time to thoughtfully advise you on your foreclosure or any other consumer debt related matter you may have. There are many defenses that may be available to you, and as your attorneys we will to fight and defend against the bank foreclosing on your home.  Defending your action will send a message to the bank that South Florida will not tolerate abusive business practices that prey on our community.  Contact us today to speak with the Plantation Florida Foreclosure Lawyers at Light & Gonzalez, PLLC to review your case and discuss your options with you going forward.

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South Florida Foreclosure Litigation Attorney
South Florida Litigation Attorneys protect homeowners and the community

In-Depth Information About Foreclosure Defense

HOW CAN WE HELP YOU?

Foreclosure Defense Litigation
Loan Modifications
Short Sales
Cash for Keys
Post Judgment Relief
Deficiency Defense
  • DO YOU WANT TO FIGHT THE BANK?

    Our Plantation Florida Foreclosure Lawyers Can Help

    Our firm focuses on helping people through their hard financial times. We are a full litigation firm that plans to take every residential mortgage foreclosure case to trial to try to beat the bank. There are valid legal defenses in nearly every foreclosure action, and we will fight to keep you in your home for as long as possible.  Contact the Plantation Florida Foreclosure Lawyers at Light & Gonzalez, PLLC today and we will thoroughly explain the entire litigation process from beginning to end. We are experiences in handling South Florida Foreclosure defense cases, and we are happy to schedule a free consultation with you at our Plantation, Florida location.

  • DO YOU WANT A LOAN MODIFICATION?

    Our Plantation Florida Foreclosure Lawyers Can Help

    Often our clients would like to explore their options for modifying the terms of their loan.  Sometimes the bank will offer substantially better mortgage terms that include a reduction in interest rates, a reduction in principle, or an extended loan term. These options available may not work for you, but it is important to know  when these options are available.  Our Plantation Florida Foreclosure Lawyers are happy to help navigate you through the loan modification application process while our firm continues to prepare to take your case to trial. Contact the Plantation Florida Foreclosure Defense Attorneys at Light & Gonzalez, PLLC to speak with a qualified lawyer about your legal matter.

  • DO YOU WANT TO SELL YOUR HOME?

    Our Plantation Florida Foreclosure Lawyers Can Help

    Another option that may be available to families going through a mortgage foreclosure is to sell the home.  The Plantation Florida Foreclosure Lawyers at Light & Gonzalez, PLLC are qualified to advise you on this option. If the value of your home is less than what you owe to the bank, sometimes it is possible to negotiate a short sale, where the bank allows you to sell the home and they will forgive the balance of what you owe on the loan.  The bank may also offer “cash for keys” which is where the bank offers some monetary amount to homeowners in exchange for their agreement  to enter into a consent foreclosure judgment.  These options have serious consequences, and while it may sound like a great choice initially it may not be the best choice for you. It is important to speak with a qualified foreclosure defense lawyer, so you can make an informed decision about what to do. Contact the Plantation Florida Foreclosure Lawyers at Light & Gonzalez, PLLC to speak with one of our South Florida lawyers to find out more about your legal options.

  • DO YOU WANT TO EXPLORE ALL YOUR OPTIONS?

    Our Plantation Florida Foreclosure Lawyers Can Help

    The Plantation Florida Foreclosure Attorneys at Light & Gonzalez, PLLC will always recommend that you explore every option you have available to you so you can make the most informed decision. We are happy thoroughly discuss the pros and cons of litigation, loss mitigation, and all other options that are available to you for your foreclosure action.  It is our job to help you through one of the most difficult times of your life, and we will do everything we can to make the process as smooth and transparent as possible. Contact our Plantation Florida Foreclosure Defense lawyers to schedule a free consultation on Pine Island Road between Broward Blvd. and 595.

Common Foreclosure Defenses in Florida

There are many defenses your foreclosure lawyer may be able to use to defend against a foreclosure action that has been filed against you. The facts of your case will determine which defenses are available, but some of the defenses our lawyers often raise in residential foreclosure defense cases include:

Standing:

This defense is powerful in nearly every residential mortgage foreclosure.  Standing boils down to where the party that is bringing the action against you is not actually the correct party to bring the foreclosure action. If the party that brings the lawsuit is not legally entitled to enforce the promissory note when the foreclosure action is filed the case will be dismissed. Many, many foreclosure cases have been dismissed because the party that brought suit did not have standing to enforce the note at the time the foreclosure action was filed. The Plantation Florida Foreclosure Defense Lawyers at Light & Gonzalez, PLLC will always explore using this defense in defending your mortgage foreclosure action.

Conditions precedent:

Some mortgages require that the bank go through certain steps before they can file a foreclosure action against you. This could mean that the bank was required to send you a letter before foreclosing, or it could even mean that they were required to have a sit down, in person meeting with you prior to foreclosing on your South Florida home.  If the bank fails to take these preliminary steps, they cannot always foreclose.

Additional Foreclosure Defenses

Res Judicata:

If the bank has foreclosed on you before, they may be barred from bringing a new action against you for the same mortgage payments. Res Judicata, which means “a matter already judged,” is a legal term for preventing a party from bringing successive lawsuits on the same matters.  If you have had an action dismissed before, res judicata may bar the bank from bringing another action against you or limit the damages they can claim against you. The Plantation Florida Foreclosure Lawyers at Light & Gonzalez, PLLC are experienced in raising this as a target defense against specific damage claims brought by the bank.

Novation:

This defense may be available to you if you have entered into a loan modification agreement with the noteholder, and the bank is attempting to foreclose on the unmodified promissory note. As a general principle, a party cannot sue to enforce a contract if the parties have agreed to another contract to replace the original. When there’s been a loan modification, this can be a powerful defense that results in dismissal.

Accord and Satisfaction:

Similar to novation, if the parties have agreed that you have satisfied your original contractual obligation, either by satisfying the original obligation or by replacing the original contract with a modified one, accord and satisfaction can be a complete defense to a foreclosure action. This defense is available if you’ve refinanced your original promissory note, or if you’ve made all the payments you were required to make under the terms of the note.

Statute of Limitations:

Each type of lawsuit has a statute of limitations, which requires that a party bring a lawsuit within a certain amount of time or the claim will be unenforceable. While Florida courts treat mortgage foreclosure cases differently than some other types of lawsuits, the statute of limitations may still prevent the bank from collecting certain mortgage installment payments if the bank does not file the foreclosure action within the period allowed for in the statute of limitations.  Case law from 2016 significantly changed the law in Florida on how the statute of limitation applies to mortgage foreclosure cases, but the Plantation Florida Foreclosure Lawyers at Light & Gonzalez, PLLC keep up to date and are prepared to use all the tools available to defend your foreclosure lawsuit.

Contact Our Plantation Florida Foreclosure Lawyers Today

Contact us today to speak with qualified South Florida Foreclosure Defense Lawyers. We will discuss all of the options you have available to defend against your mortgage foreclosure action, and we will work with you to try to achieve your goals whether you would like to try to modify your loan or you want to fight the bank in litigation.

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