Sarasota Foreclosure Defense Attorney
Facing foreclosure? You have rights.
Foreclosures often make individuals feel helpless because they are in danger of losing their home, the place where they are supposed to feel safe and secure. You do not need to feel helpless because there are many rights that homeowners retain during the foreclosure process. These rights can be used to defend themselves and their homes during these difficult times. If you are going through a
foreclosure and do not know what rights you may have in the issue, then contact a Sarasota foreclosure defense attorney right away. They will provide you with dedicated legal representation and correct information with regard to your rights, and can advise you how to fight back against foreclosure with a variety of potential options.
Sarasota Homeowner Rights
Florida state law requires all foreclosures go through the court system which means all homeowners retain these important rights:
- Right to original documents-supporting evidence for your defense can be obtained from the original loan documents. When requested, banks must allow you to view your note and mortgage . Lender errors and sloppiness can be detected and could possibly lead to a dismissal of the foreclosure action filed against you .
- Right to defend-you have the right to defend yourself from any foreclosure claim. This means you are allowed to challenge the bank's suit in court and gain legal representation for your court hearing.
- Burden of proof lies with the lender -the lender has the burden to prove that they are entitled to obtain a final judgment of foreclosure. They must prove that they are the proper party to bring the mortgage foreclosure action and they must prove that they satisfied all conditions prior to the filing of the foreclosure. In many cases, the lender's foreclosure action is dismissed for their failure to satisfy their burden of proof.
- Right to counterclaim-each homeowner can chose to sue the bank or lender asking the Court to remove the mortgage from the property or for performing unfair and illegal lending practices or other violations of state or federal law .
We at The Edwards Law Firm, PL, have extensive experience in foreclosure defense. We understand that Sarasota residents are facing specific challenges with underwater mortgages, and properties that are financed far, far beyond their current market value. Our lead attorney, Sheryl A. Edwards, is a
Board Certified Real Estate Expert, allowing for a depth of knowledge that is not common in a foreclosure defense attorney and is exceptionally helpful in seeking options to resolve these issues.
Your rights must be protected when dealing with a lender. They may have taken legal action against you, but could have faulty, fraudulent, forged or incomplete paperwork or other issues that you can bring to the attention of the court and have the foreclosure case dismissed. A successful mortgage foreclosure defense can allow you to move forward with your life and get out from under the crushing burden of a mortgage that does not make sense. Receiving a notice of foreclosure is not the end of the line - it is the first opportunity that you have to prepare yourself for an aggressive foreclosure defense . The first urgent step in a successful foreclosure defense is a full review of your loan documents, as there are frequently errors in documentation that can lead to a successful resolution in your favor. You have rights, and we can quickly advise you of the variety of options available to protect against foreclosure.
If you were notified of a foreclosure on your home then you must contact a Sarasota foreclosure defense attorney
to discuss your rights and what can be done to resolve your mortgage or real estate problem.