Foreclosure Proceedings (561) 676-4049
Whether you are facing a foreclosure lawsuit or just falling behind on your mortgage payments, it is important to know that debtors have legal rights. If you don't know your rights, you are likely to lose them. Don't leave it to chance. Seek the advice of an attorney to learn and exercise your rights as a debtor.
When a creditor seeks to place of writ of garnishment on a debtor's bank account, the debtor has the right to "block" or dissolve that writ to the extent that the account consists of social security benefits, retirement or profit sharing benefits, pension money, and/or annuities. But, if the debtor does not legally assert his or her rights in accordance with Florida law, the creditor may end up collecting money to which the creditor is not otherwise entitled, and may do so without opposition.
Your creditor must abide by specific rules of procedure and administrative orders in a foreclosure lawsuit against you, and the earlier in the process that you are represented by an attorney, the more likely you are to succeed.
In Florida, the foreclosure process is a judicial process, which means that the proceeding generally goes before a court. Once the lender files a foreclosure lawsuit against the homeowner, the homeowner has twenty (20) days to respond. In order for the homeowner's response to be legally sufficient, it must conform to the Florida Rules of Civil Procedure. You should always check with an attorney before attempting to respond to a foreclosure action. Mailing a letter to the judge stating that you are in the process of negotiating a repayment plan with the lender is not a legally sufficient response. If you fail to file a legally sufficient response in accordance with the Florida Rules of Civil Procedure, you may end up with a Judgment of Foreclosure and a Money Judgment against you. In order to avoid these consequences, always seek the advice of an attorney.
Whether you seek to be free of your property because you are "underwater," or you wish to minimize the possibility of an excessive deficiency judgment against you, or you simply need additional time to catch up on your mortgage payments, please do not hesitate to contact the Tribuiani Law Firm.