West Palm Beach Foreclosure Defense Attorney
It is every homeowner’s worst nightmare. The thought of losing your home can be devastating. Everything you have worked hard to achieve can be suddenly taken away. But it does not need to happen. A West Palm Beach foreclosure defense attorney can protect your rights and provide a series of effective legal options to help save your property from a seizure. The legal team at Bruce S. Rosenwater & Associates understands the complex nature of foreclosure defense in West Palm Beach and is committed to providing the highest level of representation and legal counsel.
While many things have changed over the decades, one thing has remained constant: buying a home is still a key aspect of achieving the American dream. What’s not part of that dream, though, is being unable to make payments on a home and running the risk of losing the home through a foreclosure. If your home is at risk of being foreclosed on, our experienced West Palm Beach foreclosure defense attorneys at the law offices of Bruce S. Rosenwater & Associates, P.A. want to help. Reach out to our legal team today to learn more about the foreclosure process, what you should expect, and your rights and options along the way.
Foreclosure Process: What to Expect
The first thing that you should know about the foreclosure process is that in order to start a foreclosure proceeding against you, your lender must wait until you are delinquent on your payments by at least 120 days, or roughly four months. The lender must send you a notice of default.
Once this amount of time has passed, the lender has the right to file a lawsuit in court to start the foreclosure process. Once the lawsuit is filed, you will be served with a notice and complaint of the summons. Once you receive the notice and summons, you have 20 days to respond. During this phase, you can enter a defense to the foreclosure; however, if your defense is unsuccessful, the lender will likely win their case and the court will enter a final judgment of foreclosure.
If the lender wins their case against you and the court enters a judgment of foreclosure, then the court will schedule a sale of your property. If you don’t vacate voluntarily, it is possible that steps will be taken to evict you from the property.
Defenses to Foreclosure
If you are at risk of losing your home or if you have had a notice of foreclosure issued against you, you should immediately meet with an attorney who can advise you of your options. Your attorney may be able to uncover a viable defense to the foreclosure, such as an error made by the bank, or the lender’s failure to provide you with notice of default. Alternatively, there may be other options ahead of you, such as filing for a Chapter 13 bankruptcy or modifying the terms of your mortgage loan.
Many homeowners are completely unaware of their rights when it comes to foreclosure defense. Ignoring the problem is the worst thing you can do. To put yourself in the best position to succeed, it is important to contact the foreclosure lawyers at Bruce S. Rosenwater & Associates, PA right away. When it comes to foreclosure defense, timing is everything. By doing nothing, you could lose your home within 120 days of being served a foreclosure notice. The longer you wait for foreclosure defense, the more rights you may lose.
Hiring an experienced and knowledgeable team of West Palm Beach foreclosure defense attorneys is your best option. The legal team at Bruce S. Rosenwater & Associates, P.A. is committed to helping local homeowners resolve their mortgage debt and keep their home. The legal team of Bruce S. Rosenwater and Steven C. Williams has the knowledge as legal skills to help homeowners through a variety of viable options including:
- Loss mitigation
- Loan modification
- Strategic default
- Deed in Leiu
- Short sale
- Short payoff
- Debt relief
- Note negotiation
- Mortgage modification
Foreclosure defense has come a long way in recent years. The real estate crash of 2008 has changed many of the rules and legal parameters regarding foreclosures. When hiring a team of foreclosure attorneys in West Palm Beach, it is important to select a firm with a proven track record of success and experienced legal representation. Attorney Bruce S. Rosenwater has more than 20 years of experience in helping people in South Florida regarding foreclosure defense, bankruptcy, family law, civil litigation, real estate, probate law and guardianship law. Choosing the right West Palm Beach foreclosure defense attorney is important. Protect your rights as a homeowner by calling the firm at Bruce S. Rosenwater & Associates, P.A. at 561-688-0991 and schedule a consultation today.
Foreclosure FAQs
For homeowners, there are few things more upsetting than being unable to make payments on one’s mortgage and running the risk of foreclosure. If you are someone who is unable to make your mortgage payments on time or in full, foreclosure may be looming. We know that you have a lot of questions – at the law offices of Bruce S. Rosenwater & Associates, P.A., we have answers. Consider the following answers to some of the frequently asked questions about foreclosure that we often hear.
What Should I Do If I Have Received a Notice of Foreclosure?
The most important thing to know if you receive a notice of foreclosure is that you have a limited amount of time to act – only 20 days. Do not ignore the notice. Instead, we recommend consulting with an attorney as soon as possible. If you don’t reply, a default judgment may be issued against you.
Are There Alternatives to Foreclosure?
Yes – there are a handful of alternatives to foreclosure that may be available to you. These alternatives include, but are not limited to, filing for bankruptcy, modifying the terms of your loan, pursuing a short sale, or pursuing a deed in lieu of foreclosure. If you are unfamiliar with any of these terms, our lawyers can help you to make sense of each one and pursue an option that’s appropriate for you.
I’ve Heard of a Short Sale – What’s that?
Simply put, a short sale refers to a situation where a homeowner sells their homes for less than what they owe on the mortgage. For example, if you owe $200,000 on your mortgage and you sell your home for $190,000, then you’ve engaged in a short sale. In a short sale, the lender will accept the amount that you sell the home for, releasing you from liability for the additional amount owed on the mortgage. This is because pursuing a foreclosure is expensive and time-consuming for a lender. In exchange, you’ll benefit by avoiding the hit to your credit that accompanies a foreclosure.
What Is a Deficiency Judgment?
You want to avoid a deficiency judgment if possible. Deficiency judgments are issued in instances where, after a home is foreclosed upon and sold, the original borrower still owes the lender money. This happens if the home is sold at foreclosure for less than the borrower owed on the mortgage, similar to the short sale scenario described above. For example, if you owe your lender $200,000 and your home only sells for $150,000 at foreclosure, the lender could pursue a deficiency judgment against you to recover the $50,000 difference.
Do I Need a Foreclosure Defense Lawyer?
Many people who are facing foreclosure or who are behind on their mortgage payments wonder whether or not they need a foreclosure defense attorney. In most cases, the answer is a resounding “yes.” Working with a foreclosure defense lawyer can be a key step in protecting your best interests and, in some cases, even preventing the foreclosure.
To learn more about how our foreclosure defense lawyers can assist you, call our team today or send us a message. We are ready to get started on your case today.
Contact Our Team Of West Palm Beach Foreclosure Attorneys
If you are facing a foreclosure, it is important to take immediate action. A foreclosure will not go away on its own. Many homeowners sit back helplessly because they don’t believe there is any hope. The truth is most people do not know their rights when it comes to foreclosure defense. What you do not know, can come back to haunt you. The longer you wait for foreclosure defense in West Palm Beach, the more rights you may lose. Your quality of legal representation also matters. It is important to choose a foreclosure defense attorney in West Palm Beach with a successful track record for protecting the rights of their clients. Bruce S. Rosenwater brings more than 20 years of experience in foreclosure defense law in West Palm Beach to help homeowners maintain their piece of the American Dream. With the right foreclosure defense lawyer on your side, overcoming a foreclosure is always an option. To learn more about the benefits of a foreclosure defense lawyer in West Palm Beach, call the law office of Bruce S. Rosenwater & Associates, P.A. at 561-688-0991 for a consultation.
