Foreclosure and Foreclosure Defense
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Foreclosure and Eviction Defense Attorneys in Florida
You may be feeling overwhelmed, afraid, and unsure about the next steps if you have received legal documents notifying you of an eviction or foreclosure. We at Bonardi & Uzdavinis Attorneys-at-Law are here to help you through the complex process of foreclosure and foreclosure defense.
Call 813-540-2019 for a Free Consultation.
Understanding Foreclosures and Your Rights
Florida is a state that allows judicial foreclosure, meaning your lender has to file a lawsuit before you can be foreclosed. They must also serve you a summons with the complaint. You have the right to defend yourself and respond. You have only a few days to respond. You may be liable for a default judgment if you do not respond. This will allow the bank to continue with the foreclosure.
We understand the financial and emotional strains that foreclosure can cause. Our attorneys have assisted many Florida residents navigate the legal maze.
How Forbearances Work and How Loan Modifications Work
During the pandemic, the federal government offered forbearance programs, especially for mortgages backed by federal funds. These programs allowed homeowners a 360-day pause in payments. The key is to understand that forbearance does not mean forgiveness. Payments are still due, and they may increase your mortgage payments in the future.
Private loans and mortgages not backed by the federal government have fewer options. A long-term legal plan is essential. Loan modifications, deferments, or plans to make missed mortgage payments due at the end of the term of the loan may provide lasting relief, but they often require proof of hardship and ability to pay.
Our firm can assist you in assessing your options and advocating on your behalf when negotiating with your lender.
Can You Fight Foreclosure?
You should. Fighting foreclosure does not mean you will avoid repayment. But it can give you the time you need to make a good decision. You may be able to:
- Negotiate the modification of a loan or a repayment plan
- Short sale your home
- Catch up on your payments by filing for Chapter 13 bankruptcy
- Reduce or eliminate your credit card debt and medical bills through bankruptcy procedures
- Negotiate a waiver for any deficiency if you decide to walk away
- Stay in your house longer without having to pay the mortgage
It can take many months, or even years, to litigate a foreclosure defense. Legal challenges are common, including lack of standing, incorrect notice, lost or fraudulent documentation, unfair loan servicing, and unjustified lending practices. A timely and well-written legal response can delay proceedings, and even open the door to negotiations.
Bonardi & Uzdavinis’ attorneys have extensive experience in handling bankruptcy cases along with foreclosure and eviction matters. We will help you decide the best type of bankruptcy to file for your circumstances and ensure that you get full protection under the law.
What Can a Bankruptcy Do for You?
Filing for bankruptcy is a powerful way to stop foreclosure and eviction. Chapter 13 bankruptcy creates a stay of execution that stops all collection efforts including foreclosure sales and eviction proceedings. You can catch up on missed payments throughout 3 to 5 years.
Chapter 13 can help you:
- Repay in full second mortgages
- Reduce or eliminate medical and credit card debt
- Prevent repossession of vehicles
- Stop wage garnishment, creditor harassment
You can walk away from your mortgage and future obligations if you do not wish to continue living in your home.
Bonardi & Uzdavinis’ attorneys have extensive experience in handling bankruptcy cases along with foreclosure and eviction matters. We will help you decide the best type of bankruptcy to file for your circumstances and ensure that you get full protection under the law.
Why Should You Hire an Attorney?
It is not necessary to hire an attorney to fight foreclosures or to respond to evictions, but doing it yourself can be risky. Florida foreclosure laws are constantly changing, and even small mistakes can lead to long-term problems. It is very difficult to reverse a judgment that has been entered against you.
Bonardi & Uzdavinis has the expertise and experience to:
- Identify all possible legal defenses as well as counterclaims.
- Find out about foreclosure mediation programs.
- Directly negotiate with lenders and landlords.
- Set up favorable repayment or settlement arrangements.
- We will represent you with professionalism and clarity in court
We want to protect your home and your rights. Our attorneys can help ease your financial burden during foreclosure through foreclosure defense.
Are You Facing a Short Sale or Deficiency Judgment?
Do not sign any documents, especially promissory notes, if you are considering a short sale without first consulting an attorney. Lenders ask homeowners more and more to agree to repay the full amount of their loan even if the house is sold.
Negotiate a lower payment, a reduced interest rate, or a full waiver of the deficiency. Negotiations should be done before the closing date, not afterward. We can help you compare short sales to other legal options and bankruptcy, as well as understand the risks involved, such as tax liabilities that may arise from forgiven debt.
What if You Can’t Afford an Adjustable-Rate Mortgage?
It may be time to consider your options if your mortgage payments or interest rates have risen. Some homeowners may find that a bankruptcy, short sale, or deed-in-lieu of foreclosure is the best option. Our team can help you evaluate the long-term effects, costs, and consequences of each option.
Call Bonardi & Uzdavinis Today
Financial ruin doesn’t necessarily follow a foreclosure or eviction. You can take control of your financial future with the right legal strategy. We’re here for you at every stage, whether you’re preparing to file bankruptcy or fighting to keep your home.
Call Bonardi & Uzdavinis Attorneys-at-Law today at 813-540-2019 to schedule a consultation. We can help you protect the things that matter most to you in foreclosure and foreclosure defense.
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