Every case is different, and Todd Frankenthal will explore foreclosure alternatives with you. These include:
- Mortgage Modification
- Deed in Lieu of Foreclosure
- “Friendly” Foreclosure
- Short sale
In Florida a lender must file a mortgage foreclosure lawsuit to take your home.
Todd has the knowledge and experience to defend you, and will file all defenses that are applicable to your case. For instance, a lender cannot foreclose a mortgage in Florida unless it certifies to the court that it is in possession of the original promissory note, and discloses the location of the promissory note. Your lender may have waived the right to accelerate and foreclose your mortgage by accepting late payments or otherwise waiving its rights under the loan documents. We will also evaluate whether you may have claims and defenses under statutes such as the Truth In Lending Act, and the Real Estate Settlement Procedures Act.
When threatened with foreclosure, the worst thing that you can do is nothing, because you will lose your home. In fact, once the foreclosure sale is conducted not even bankruptcy can help you.
If you are threatened with foreclosure please call our office right away to evaluate the best course of action for you.
More About Foreclosure
One of the first questions a bankruptcy client asks us is how long does it take – “what is the timeline for a bankruptcy in Florida?” Read about it here.
Learn about Foreclosure Sales. How long does it take? What is the process? Can it be stopped?