Foreclosure Attorney Miami

You are here: Home » Loan Modification and Foreclosure Attorney

The real estate market and economy of our nation has seen some turbulence over the last decade, causing financial hardship upon millions of people in America.

When your home is being threatened by a foreclosure, it can become hard, if not impossible, to think about anything else and the entire process can feel overwhelming and draining for homeowners.

However, you must not let your emotions take over because this will not bring your home back. Instead, it is highly suggested that individuals seek legal assistance and guidance from a foreclosure attorney Miami or a foreclosure defense team.

Reasons to contact a Foreclosure Attorney Miami

Once you have failed to make more than one payment on your property, it is highly recommended that you face the reality of foreclosure by understanding exactly what might occur if your lender decides to file against you. If you feel like you cannot continue to make payments on your home or you may need some financial assistance, you should contact a foreclosure defense team or foreclosure attorney Miami immediately. These experienced individuals can help you work personally with your lenders to try and do everything possible to save your property.

What can a Foreclosure Attorney Miami do for me?

A foreclosure attorney Miami will not just defend your case in court in order to fight for your home. They will also work independently with a lender or with a housing counselor in order to try and find a solution to your foreclosure without having to be legally removed from the property. A foreclosure attorney can provide you with services that range far broader than just defense. They can thoroughly examine the terms and conditions of your buyer’s agreement, your mortgage and many other documents along with the analysis of why it is that this process is being handled, whether for lack of payment or a mistake. Foreclosure defense does not mean that an individual will stand with you in court and defend you. These individuals are experienced in the foreclosure field and will work endlessly with your lender personally in order to reach the best agreement for you and your family. Gallardo Law Firm has several lawyers who have experience in foreclosure cases. They can help you through the whole process and assure the best outcome for you.

Overview of Foreclosure Defense Miami Florida

In general, the real estate market has had its high ups and its low downs over the last 10 years. Before, properties were put on the market and would easily be sold in less than three months. Unfortunately, those days are over. Lenders used to fail in thoroughly inspecting and reviewing exactly who the individuals borrowing their money were, this caused the downfall to not just the real estate market, but the entire economy over all. As a result of this depression, many individuals have become unemployed, and have been required to accept lower paying jobs in order to maintain afloat. This is what foreclosure defense is all about. Foreclosure attorneys help protect individuals facing financial hardships to recover or work out their mortgage payments in order to keep their homes and properties.

Definition of Foreclosure Homes

Foreclosure refers to a legal process pursuant to which a mortgage lender (mortgagee) endeavors to recover the balance of a loan from a borrower (mortgagor) who has not been able to make the payments, by obtaining a termination of the borrower's rightful right of redemption (reclaim, recoup).

In our society most people buy a home by requesting a loan of the value of the purchase to be made, these loans are requested to banks or loan companies. There are occasions when an owner requests a loan after buying a home, giving as security the capital that has been accumulated, which are called line of home equity. Many people refinance the mortgage and attach a line of home equity. The lender places a lien on the house to claim the payment. By the time the owner stops making payments on the loan, is when the lender can foreclose and sell the house to recover the portion borrowed.

Foreclosed Homes for Sale

In Florida, the law requires that the court system supervises all foreclosed homes and foreclosure cases. This happens when a creditor or lender decides to file against you for lack of pay or failure to make payments on time for a given amount of time. Once your mortgage lender has filed against you, they must provide you with a letter notifying you of the filed case. This serves as proof that the public notice of an outstanding mortgage was provided to the person being filed against. However, in Florida, home owners are also allowed a “right of redemption” through which they can reclaim their homes by paying the total amount of money due from past due payments along with court costs. A foreclosure attorney Miami can help you understand your rights and help ease your financial burdens.

Miami Foreclosure Defense Process

In simple terms, defense to foreclosure is the struggle that you place with your lender trying to foreclose on your property. The objective of the defense is to stop foreclosure in its entirety. A defended foreclosure will bring about many benefits for the borrower including, avoidance of a deficiency judgment on the property, a loan modification offer that brings the principal balance to the market value of the property, ability to live in the house while the process takes place and better terms from the bank to settle.

The law in Florida needs home foreclosures to occur within the oversight of the Circuit Court. The task of proving that they have the right to foreclose lies with your lender. This gives your foreclosure attorney Miami the right and the opportunity to carefully examine all aspects of your loan and the circumstances.

Your lender does not necessarily have to make a mistake for you to take advantage of the defense strategies that a foreclosure attorney in Miami can offer. The courts can stretch the foreclosure process. These delays could give you the time to develop a workable solution to your financial problem. You can hire help for a foreclosure defense at Gallardo Law Firm.

How to avoid foreclosure?

There are different possibilities you can explore to prevent foreclosure on your property. These options may include, a short sale, personal bankruptcy, and refinancing or modifying your mortgage. The lenders will actually prefer you stay in your property sending monthly payments instead of having a foreclosure on your home. A foreclosure attorney or bankruptcy attorney at Gallardo Law Firm will negotiate with your creditor and help you find alternatives. Sometimes, even if you do not file for a foreclosure directly, it is crucial that you hire the legal assistance and representation of a lawyer in order to know the specifics and differences between your case and what you are being foreclosed for. This can help avoid a lot of confusion and mistakes during the foreclosure process.

Bankruptcy Lawyers in Miami

Miami’s bankruptcy lawyers play an important part in helping individuals through financial crisis. At Gallardo, our attorneys have helped many clients with overcoming their debts. Bankruptcy Lawyers in Miami can help you get your finances back and explain to you in more details how bankruptcy laws operate and the many benefits available for you.

Working with an attorney its’ crucial as they have full knowledge of how laws work in the state of Florida. They can help you with your financial struggles and in a short period of time you’ll be able to significantly eliminate or reduce your debts and stop creditors from persecuting you. The legal process of bankruptcy can be very difficult to handle on your own. Deciding which bankruptcy fits your needs should be done with the help of a bankruptcy attorney.

Seeking less qualified professionals may not be a good idea. Although less costly, these individuals are not as qualified as a lawyer to handle your case.

Gallardo Law Firm and Foreclosure Attorney Miami

Our foreclosure defense lawyers at Gallardo Law Firm can help you with the different alternatives a defense to foreclosure brings about. They also explain the benefits and impact of foreclosure. A foreclosure attorney can guide you through the whole process, and find the solutions that best suit your needs. With Gallardo Law Firm you will gain competent representation for such an important event. Our bankruptcy attorneys are very knowledgeable of the new requirements and eligibility standards and will be able to efficiently expedite the process. The mortgage foreclosure defense lawyers at Gallardo Law Firm in Miami work diligently to assist clients on the edge of losing their home to negotiate assertively with the lenders and help them get their lives back on track. We also have legal advise online at our website, advising prospective customers of their rights.

In the state of Florida you must respond within 20 days following notification. Therefore, it is of great importance to meet with a foreclosure attorney.
Yes, the foreclosure attorney at Gallardo law Firm in his defense gives you time to fix your financial situation or achieve alternatives that benefit both you and your family.
It is the embargo that occurs against the debtor since the sale of the property was not enough to pay for the mortgage. It is considered a debt.
Individuals and companies with large financial debts that cannot be solved by themselves and need to rely on one of the types of bankruptcy to resolve the economic situation can qualify for bankruptcy. Bankruptcy works best for borrowers who may have some type of income that helps them cover their costs after downloading the corresponding chapter in the case.
When a homeowner decides to stop making mortgage payments, this is called a strategic default. Strategic defaults are a good option when the individuals property is worth less than the mortgage balance, or when the person is no longer able to pay their monthly mortgage payments.
A letter of demand or acceleration is sent by a lender to a homeowner when the homeowner stops paying the mortgage. The lender must send this letter before they can proceed with a foreclosure lawsuit by the total loan amount.
There are several foreclosure options available to homeowners, including short sales, deed in lieu of foreclosure and loan modifications. A qualified attorney can assist you in implementing these options and increase the chances of a successful outcome.
Bankruptcy should never be the first alternative for individuals with a foreclosure. There are other options that can be adopted to prevent the implications of a foreclosure sale. If the mortgage borrower has other debts, then bankruptcy could be a way to use to relieve the homeowner, but this should be the last resort.
No, the debtors are not going to prison for having accounts payable with creditors, unless they have committed a federal crime or fraud. Creditors may only collect debts through the court and ask the judge for a claim against the debtor for a money judgment. Even if the demand is achieved, creditors can seize some of your properties or cancel your checking account, but they cannot get an arrest warrant for debtors.