Tampa Foreclosure Attorney Serving St Petersburg, Clearwater, Pasco, Sarasota, Bradenton, Lakeland & All of Florida
Your home is your most valuable possession, not just in terms of dollars and cents, but also because of the emotional attachment you and your family share with your cherished place of residence. Thus, nothing is quite as frightening as the thought of losing your Florida home due to a foreclosure, whether you are in Tampa, Sarasota, St Petersburg, Pasco, Clearwater, Bradenton, or Lakeland.
At Yesner & Boss, P.L. we have successfully represented hundreds of homeowners facing foreclosure. The goal of each foreclosure attorney from our firm is to help our clients protect their home, family, and credit. We also have assisted many clients with a number of possible solutions that can often allow them to avoid foreclosure completely, avoid any deficiency judgments after a foreclosure, or to delay a foreclosure sale allowing additional time to either sell the home or vacate the home. We can also assist you if think you may have been a victim of predatory lending.
There are several alternatives
to foreclosure we can assist with. For more information
on some of the services Yesner & Boss, P.L. can offer to avoid foreclosure, or to stop foreclosure, please watch the following video and contact our office so we may schedule an appointment for you.
Here is some basic information you will receive from your Yesner & Boss foreclosure attorney regarding the typical process involved for homes in Clearwater, Tampa, St Petersburg, Sarasota, Bradenton, Lakeland, Pasco, and all other Florida communities:
-
A foreclosure begins after the borrower defaults on the mortgage terms, and most lenders will begin this type of lawsuit between 90 and 120 days after a mortgage payment is past due. The formal foreclosure process usually takes a minimum of 150 days from the time that the lender files the foreclosure suit until the time the home is sold in order to satisfy the debt.
-
Once a borrower has been notified that the lender is proceeding with a foreclosure suit, the borrower should contact a foreclosure attorney for assistance and advice regarding the lawsuit. Upon service of the complaint, Florida Statutes provide for 20 days for the borrower, or the defendant, to reply to the allegations and assert any affirmative defenses. If the borrower fails to respond to the complaint within the 20-day period given, the court may order a default judgment ruling in favor of the lender, and also order that the foreclosure process proceed and that the home be sold to satisfy the outstanding debt. If any affirmative defenses are asserted, the lender will have the same 20-day period to respond back to those allegations. An experienced foreclosure attorney can help you assert the most appropriate foreclosure defenses for your case.
-
After the complaints have been answered by all parties asserting any allegations, the court will set a hearing to rule on the suit. If you have a foreclosure attorney, he or she can represent you at the hearing. After the hearing, a final judgment will be entered. If the judge rules in favor of the lender, the judge may order the clerk to set a sale date which will be at least 20 days after the date of the judgment but no longer than 35 days.
-
At the foreclosure sale, the Clerk of Court will issue title to the property to the successful bidder (typically the bank) 10 days after the sale is completed. If the homeowner or any tenants still reside at the property, they can be evicted only after this 10-day period has run. During this 10-day window, there is no right of redemption under Florida Law. The right of redemption (the right to pay off the bank's loan, stop foreclosure, and save the house) expires when the foreclosure sale is completed. During this 10-day window, the homeowner may contest the sale, but must prove that there was some irregularity in the auction process conducted by the Clerk of Court, and must show that the irregularity caused the property to sell far below its value.
Clearly, the foreclosure process can be time consuming, confusing, and stressful. That’s why it is important to consult with a professional foreclosure attorney with experience in defending foreclosure actions as early in the process as possible. The longer you wait to assert your rights, the fewer options you have to avoid foreclosure and save your home.
Please contact Yesner & Boss, P.L. today so that we can offer foreclosure help and talk to you about your possible choices, as there are several alternatives to foreclosure that our attorneys can assist with. For more information on the services Yesner & Boss, P.L. can offer to avoid a foreclosure throughout the greater Tampa Bay area, please contact our office to schedule a free consultation with a foreclosure attorney.
|
