Real Estate & Foreclosure
|Real Estate & Foreclosure: Sales of Real Estate, Purchase Contracts, Other Real Estate Transactions, Foreclosures, Refinancing of Mortgages, Loan Modifications, More…|
The days—when the attorneys for the major banks simply go to court, get a final judgment of foreclosure, and sell your house—are over!
Our firm has experience representing clients who are losing their houses to foreclosure by the Banks. An owner with a homestead property has special protections under the Florida Constitution and should be proactive by defending the right to keep her property. Even if you are behind in your mortgage due to the loss of your job or an unexpected event causing financial hardship, the Bank cannot simply take your house. There are rules and procedures—such as giving you proper notice and showing evidence of being the holder and owner of the note and mortgage—that the Bank must follow prior to obtaining a final judgment of foreclosure. Our job is to make sure that the Banks follow these rules and procedures.
We are here to protect your most significant asset: the homestead property you use to shelter your family. But first, once you are served with a foreclosure complaint, you should contact our foreclosure defense firm. The Bank has a lawyer, so should you! We have extensive experience defending clients in foreclosure with complex issues. We have litigated cases at the trial and appellate levels and obtained successful outcomes for our clients including modifications of loans at mediation, appellate reversal of summary judgment and other loss mitigation outcomes. The best time to contact us is immediately after you are served with a copy of the summons and complaint. Other times, the Bank may publish the foreclosure action in the newspaper; therefore, it is imperative to contact our firm whenever you receive legal papers for the first time so that we can take action to prevent further damage if the Bank already obtained a default.
Client Satisfied Final Judgment of Foreclosure After We Successfully Obtained Stay and Got Foreclosure Sale Vacated
The Lender obtained a foreclosure final judgment against our client in April 2013. After co-counsel Steven Saber and Larry Fleurantin took an appeal to the Third District, the trial court cancelled the sale and rescheduled it for November 2013 with no further cancellations. Subsequently, we successfully obtained a stay of the sale at the appellate level. Despite the order staying the sale from the Third District, the property was sold on November 08, 2013. Emboldened by the appellate order, we moved to vacate the sale in the trial court, which swiftly granted the motion and instructed the Clerk to refrain from issuing a certificate of sale. On January 13, 2014, our client satisfied the final judgment. Subsequently, we voluntarily dismissed the appeal on January 29, 2014. Now, our client lives with the peace of mind that he will have a roof to shelter his family without the fear of being evicted by the Bank.
Fleurantin Law obtains loan modification and dismissal for its clients
Our clients were facing foreclosure after reduction in the family income. We successfully obtained a loan modification that allows our clients to keep their home. The case was dismissed after the parties executed a HAMP modification agreement. The new principal is $148,850.05 of which $43,070.05 is deferred.
Fleurantin Law obtains loan modification with massive principal reduction for client
Recently, one of our clients obtained a massive principal reduction in her loan as a result of successful and aggressive defense of her case. After the Lender sued our client to foreclose on her home, she hired our office to defend the foreclosure action. We filed our answer and affirmative defenses, challenging the Bank’s standing and lack of notice. We requested to depose the parties that executed an assignment, which appears on its face to be fraudulent. Faced with the potential of sanctions, the Bank sua sponte provided our client with a loan modification where about $100,000 was forgiven from the original loan. The case was dismissed. Here are the figures:
- Old Principal Balance: $233,590.80
- New Principal Balance: $133,000
- Old principal and interest payment: $1,513.71
- New principal and interest payment: $592.04.