Foreclosure Process

Foreclosure is the process in which the bank sues the borrower, meaning the home owner, in an attempt to obtain title of the the property which is the collateral for the borrorwer's mortgage.  Florida has a very high volume of foreclosure cases. In Florida, foreclosures are Judicial foreclosures which means that the bank or note holder has to file a lawsuit in order to obtain the foreclosure and title to the property.

The process begins when the bank files a lawsuit. Once you are served with the complaint you have (20) days to file a response. Depending on the case, there are many defenses that can be raised as affirmative defenses. Many times, home owners choose to do nothing or contact the bank in order to attempt a loan modification. The problem with doing nothing is that the bank will continue with the foreclosure and the process will move quickly as the bank will not face any resistance. Even if the bank decides to work with the borrower to attempt a loan modification the bank will not stop the foreclosure. That is why you need an attorney to protect you every step of the way.  We would be happy to discuss with you the option that would be best for you. 

At Tavarez Law, P.A., we are proud that so many of our clients have repeatedly turned to us for counsel and representation. We work hard to earn their loyalty every day.


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Let us Save your Home

Even if the bank has filed a foreclosure lawsuit against you there is still hope. The only option that you can't afford is to do nothing. Even if you are not working and cannot keep your home we can still minimize your liability by choosing an appropriate action plan such as a loan modification, short sale, deed in lieu, or by simply delaying the process to allow you to stay in your home as long as possible. Let the team at Tavarez Law fight for you. 

A Loan Modification is when we ask the bank to modify your loan payments to a new monthly balance that you as the borrower can afford. This allows the borrower to keep their home and stop the foreclosure. 

A Short sale is when the the bank agrees to accept an offer and the property is sold. The bank will normally waive the deficiency even if the property sells for less than what the borrower owes. A short sale can be a good way to end the foreclosure process and minimize liability when the borrower cannot afford to keep the home.

In a Deed in Lieu the borrower agrees to deed the property over to the bank. This will result in the borrower loosing the property. However, the borrower will not be liable for the debt it would otherwise be responsible for and it will stop the foreclosure. 

Give us a call today so that we can determine what action plan would most benefit your needs and the needs of your family. If you think that you might be in need of a foreclosure attorney, Stewar Tavarez is ready to help and guide you through the legal process. 

Foreclosure Defense ​