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.
In-Depth Information About Foreclosure Defense
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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:
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.
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
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.
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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