3 Types of Foreclosure Defenses In Florida | About Florida Law

Arsenal of Foreclosure Defenses . Through experience, dedication to our clients and an ever expanding knowledge base, the South Florida foreclosure defense attorneys at the Law Offices of Evan M. Rosen, have accumulated a long list of potential defenses that can help people facing foreclosure keep their home, stay in it longer or work out a viable foreclosure alternative such as a loan.

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Florida has a law that generally requires banks to produce the note at the time of the foreclosure. As of July 1, 2013, a plaintiff (the bank) in Florida must prove its right to foreclose by filing additional items along with the complaint, including a certification that the plaintiff is in possession of the original promissory note.

The Foreclosure Process and Saving Your Home, by Attorney Troy J.  Doucet Florida foreclosure law 2018: 9.00 ebook ONLY. 7-3:6 Other Defenses to Foreclosure. 7-3:7 Motions to Strike Affirmative Defenses. Chapter 8: Statutory Claims and Defenses. 18-3 TYPES OF APPEALS USED IN FORECLOSURE. 18-3:1 Final Appeal. 18-3:1:1 The Record on Final Appeal.

by Larry Tolchinsky | Florida Foreclosures, Foreclosure Defense. In Florida, foreclosure defenses (for residential foreclosures) can be categorized into three different arguments. Those arguments focus upon either (1) the validity of the mortgage; (2) whether or not there has been a "default" under the law; and (3) if the lender.

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Tampa Bankruptcy and Foreclosure Defense Law Firm: If you are thinking about filing for bankruptcy or are being threatened with foreclosure contact Florida Law Advisers, P.A. Our bankruptcy attorneys in Tampa are experienced in both bankruptcy and HOA foreclosure defense.

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Under Florida foreclosure law, all mortgage foreclosure cases are to be conducted in a court of equity.Courts of equity are authorized to apply principles of equity (fairness), as opposed to just a legal Florida foreclosure defense. Therefore, the judge can consider acts by the bank that would render the foreclosure unfair.

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A knowledgeable foreclosure defense attorney, such as the ones at the Law Offices of Evan M. Rosen, can offer several different types of options if you are in this situation. Some of these potential courses of action are outlined on the understanding my options page. Some of the options include assisting you to:

But for the others, I ask: Why don’t more law firms take on these types of cases? Shouldn’t foreclosure defense lawyers be able to fight HOA lien actions the same way they fight the bank? Of course that question presumes the two types of lawsuits are the same, or similar enough. They are not.

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