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Miami Business Law & Commercial Litigation > Miami Foreclosure Litigation Attorney

Miami Foreclosure Litigation Attorney

Florida homeowners do not enter into a mortgage with the expectation that they will be unable to make required payments, but countless circumstances can lead to default and eventual foreclosure. Statistics on foreclosures in the US indicate that there are around 215,000 filings every year. Though foreclosure rates are generally on the decline, Florida ranks high among other US states. For many who face foreclosure, the relevant laws are extremely complicated. However, those involved in foreclosure litigation will encounter additional levels of complexity once the case reaches a courtroom.

Because these cases incorporate both litigation issues and foreclosure laws, retaining a skilled attorney is essential for addressing foreclosure litigation. At Alhalel Law, our team has meticulous knowledge of the relevant concepts, backed by extensive experience representing parties to these lawsuits. Please call our firm to set up a consultation with a Miami foreclosure litigation attorney who can advise you according to your specific circumstances. A summary is also helpful as a guide.

Overview of the Foreclosure Litigation Process

A typical foreclosure case pits the lender against the homeowner who owes on a mortgage, though additional parties may be involved with more complex cases. Even before filing the lawsuit, the loan servicer will need to complete certain requirements for pre-foreclosure, such as:

  • Delivering a pre-foreclosure breach letter;
  • Offering loss mitigation, including a mortgage modification, forbearance, or repayment plan after missed payments; and
  • Allowing 120 days to pass before filing foreclosure, as measured from the borrower’s first missed payment.

The foreclosure process begins when the bank files a complaint in court, alleging the facts surrounding nonpayment by the borrower and requesting an order for foreclosure sale. Borrowers have the opportunity to file an answer that responds to and/or contests the allegations, and the litigation process moves forward.

Stages of a Foreclosure Case

Because borrowers often have little in terms of a defense, banks often move for summary judgment by asking the court to grant the foreclosure sale. The lender must then go through notice and publication requirements, and the event is held via auction. However, though the lender requests a sale, it may also consider any remedy that gets the borrower back on track with payments. Our Miami foreclosure litigation attorneys at Alhalel Law handle all essential tasks related to these cases, including:

  • Reviewing all pre-foreclosure requirements for compliance with the law;
  • Preparing and/or responding to foreclosure litigation documents;
  • Handling all phases of the legal process;
  • Advising parties on loss mitigation; and
  • Assistance with the judgment, foreclosure sale, and post-litigation issues.

Set Up a Consultation with a Miami Foreclosure Litigation Lawyer

If you are currently involved in a foreclosure case or expect one to be filed soon, time is of the essence to retain experienced legal counsel for assistance. The team at Alhalel Law can assist with all aspects of a lawsuit, so please call 305.563.9060 or visit us online to set up a case evaluation. Our Miami foreclosure litigation attorneys can explain the legal process and discuss potential strategies after reviewing your details.

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