Civil Litigation FAQs

How long do I have to answer after a foreclosure is filed?

In the state of Florida you must respond within 20 days following notification. Therefore it is of great importance to meet with a lawyer.

Could I save my home after starting the foreclosure actions?

Yes, the foreclosure attorney in his defense gives you time to fix your financial situation or achieve alternatives that benefit both you and your family.

What does deficiency judgment mean?

It is the embargo that occurs against the debtor since the sale of the property was not enough to pay the mortgage, it is considered a debt.

Who are the ideal candidates to file for bankruptcy?

All those 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. The 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.

What is a strategic default?

When a homeowner decides to stop making mortgage payments, this is called a strategic default. Strategic defaults are used usually when the persons home is worth less than the mortgage balance, or when the person is no longer able to pay their monthly mortgage payments.

What is a letter of demand or acceleration?

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.

Are there alternatives to foreclosure available?

There are a number of foreclosure alternatives 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 give great chances of a successful outcome.

Should I file bankruptcy to avoid foreclosure?

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 still it should be the last resort.

Can I go to jail for having so much debt?

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.

How many loan modifications can a borrower receive?

Borrowers are allowed to receive only one loan modification within a period of 2 years.

Can a lender perform an interior inspection of the house if they are worried about the propertys condition?

Yes. The lender can perform an inspection or any review it considers necessary to verify that the house has no physical conditions negatively influencing the borrower's ability to make the modified mortgage payments.

What is the Home Affordable Modification Program?

The Home Affordable Modification Program (HAMP) was created by the government. This federal program was designed in order to ease the financial burden of homeowners when paying their housing costs. HAMP helps homeowners by reducing their mortgage payments and make them more affordable. Our lawyers at Gallardo Law Firm are familiar with the process. They can help you determine which options you have and whether you qualify.

Can a lender include late charges in the loan modification?

It is expected that the lender waive all late charges accrued at the time of the loan workout. This can vary depending on the loan but its always useful to ask for a complete breakdown or description of all penalties and fees from your lender.

How does a loan modification affect my credit?

Individuals participating in Home Affordable Modification Program (HAMP) generally dont see a drop in their credit score since the government has requirements in which lenders report HAMP in a way that it doesn't harm the borrowers credit score. Nevertheless, there is no guarantee that a loan modification will not affect your credit score. If you have any loan modification questions or concerns, call Gallardo Law Firm.

What will I receive from my mortgage company?

You may receive a reduction in your principal. Mortgages companies are receiving incentives from the government to do so. There are certain requirements you need to meet which includes living in your house and have a mortgage of $729,750 or less.

What are the alternatives to a loan modification?

When the borrower doesnt qualify for a loan modification yet he or she cant afford mortgage payments; there are other options that will help the homeowner avoid foreclosure, which may include:

• Selling your your home for less than you presently owe the bank. The home is given back to the lender through a deed-in-lieu of foreclosure.' Applying for forbearance, which helps the lender reduce or suspend loan payments normally for up to 90 days. You can also find a tenant who will rent your home. The rent money can be used to repay the lender.

Whats the length of time to answer after filing foreclosure?

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.

Could I save my home after starting the foreclosure actions?

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.

What does deficiency judgment mean?

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.

Who are the ideal candidates to file for bankruptcy?

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.

What is a strategic default?

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.

What is a letter of demand or acceleration?

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.

Are there alternatives to foreclosure available?

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.

Should I file bankruptcy to avoid foreclosure?

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.

Can I go to jail for having so much debt?

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.

If I own a house, am I supposed to carry homeowners insurance?

When you own a house and you pay mortgage monthly, the bank or lender will request you require having an insurance to protect from natural disasters and calamities that can occur. The insurance requirements vary depending on the location of the property. For example if you live in an area susceptible to flooding, you are required to have flood insurance. If you have paid off your mortgage then, you are not requiring carrying insurance anymore. If anything happens to your property you are completely responsible for any damage even if it is provoked by a natural phenomenon.

What are the facts that affect the homeowners insurance?

There are some factors that affect such as location that was previously mentioned, the characteristics of your home including the year that it was constructed, the type of the roof structure, wiring, basement, etc. If you have protective devices such as fire alarm and extinguishers, smoke detectors and burglar alarms can also lower the cost of the insurance. In addition, if you have filed a claim to an insurance company before, your premium could be higher. Finally, a good credit history can lower your home insurance.

If I have a homeowner's insurance, is all my property covered?

No, you need to review all limitations and exclusions of your policy. You will need separate policies to protect for example your car, jewel theft, etc.

Do I need a homeowner's insurance if I rent the property?

As you are not the owner you cannot insure the structure, but you can have a renter's insurance coverage to protect your personal belongings.

What happens if someone has an injury on my property?

The liability portion of the property should cover any injury to a neighbor or visitor who are legally liable for. However, household members are not mostly covered.