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Foreclosure Q & A

Foreclosure Process in Florida

If you receive a lis pendens which is the beginning of the foreclosure process in Florida, it’s time to call an experienced Florida foreclosure attorney Eric Lanigan or Roddy Lanigan of Lanigan and Lanigan, P.L.

Keep Your Foreclosure Documents

Please note: It is imperative that you keep a file to hold all of your foreclosure documents. All the letters from your lender are important in your foreclosure defense. Every single letter, bill, delivery that you receive from your lender or your lender’s law firm or attorney is important. You should keep note of time, date and names from phone calls that you make or that are made to you from the lender.

Forensic Audits Identify Errors in Foreclosure

Forensic audits may be done to review your foreclosure papers completely for errors made by the lenders. Lenders who Robo-signed accounts signed in multiple locations on mortgage loan papers. Robo-signing is an illegal action where signatures were placed by staff who were not working in actual positions for the bank. For example, a loan modification staff person may have signed twice, illegally, listing him or herself as the bank loan vice president.

While Robo-signing may be a term that you’ve heard in the news, it’s an actual illegal activity. Banks have committed fraud by using and allowing illegal signatures by bank staff members. If your foreclosure papers are reviewed and a forensic audit is done to check and review the legality of your foreclosure paperwork, errors may be uncovered.

What does this mean for you? It will depend upon the errors that are uncovered. There may have been inappropriate signatures, or the signatures may be correct: only a foreclosure attorney will know the difference.

Keep this file and bring it to the meeting with the Lanigans. You may visit the office at 831 W. Morse Blvd. after making an appointment at the Lanigan and Lanigan Winter Park, Florida, office.

Steps 1 through 5: When You Get the Foreclosure Notice

You’ll receive a foreclosure notice from an attorney or law firm representing your lender from FedEX, USPS or UPS. You don’t need to panic, they’re not going to put locks on the doors and kick you out, but you need to act immediately.

It’s time to call an experienced Florida foreclosure attorney. Consider working with Eric Lanigan who has practiced Florida law since 1976. Or contact Orlando, Florida, foreclosure lawyer Roddy Lanigan who has practiced law with Lanigan and Lanigan since 2007.

Price shopping is best left to the grocery store not when hiring a foreclosure defense attorney. If you want to try to save your most valuable asset, your home, you had better hire the best attorney to try to solve the problem. If you’ve waited months to handle a foreclosure, there may still be time, so make the call today. The sooner you act, the sooner a foreclosure defense can begin.

Homeowners need to prepare for a fight and need an attorney who can find a strong defense to stop or prevent the foreclosure defense of your property. The foreclosure process in Florida begins the moment you receive legal notice that your mortgage is in default. There’s a limited time frame to act. While the process is indeed complex, it’s commonly defended. The Lanigans have defended many hundreds of Florida homes from foreclosure.

Listen to your foreclosure defense attorney for direction. Don’t call the bank, don’t sign any agreement, don’t negotiate, don’t send in payments, don’t call a realtor. And whatever you do, do not take the advice of an unlicensed person or agency. Here is a video

on this dangerous practice on the Lanigan&Lanigan YouTube Channel called “Unlicensed Legal Advice is Dangerous If You’re in Foreclosure.”  Turn everything over to the capable hands of your foreclosure defense attorney.

Choose a Florida foreclosure attorney wisely. Florida clients have been choosing to with foreclosure lawyer Eric Lanigan and Roddy Lanigan because they personally research and handle all foreclosure paperwork. The Lanigans meet personally with every client. There is no hand-off to a paralegal, assistant.

The paperwork is the heart of the foreclosure defense. Knowing where the problems are, what the mistakes are, what the challenges are will be uncovered in the foreclosure and pre-foreclosure paperwork. The Lanigans look for errors, omissions, mistakes, improprieties that may be used to try to save your home. There are many questions to answer. Carefully organized paperwork to present to the Lanigans to get the foreclosure defense process moving.

Foreclosure Law Change June 2013

The foreclosure process in Florida changed in June 2013. Foreclosures were clogging the Florida courts so lawmakers

changed Florida foreclosure law to make it move a little more quickly. After the law was passed, it has sped up the process. The Florida’s home foreclosure process used to take up to three years, even longer.

However, the new Florida foreclosure law changes how banks and lenders can go after families and individuals to repossess the homes.  The burden of proof has switched from the plaintiff, banks and lenders, to the defendant, homeowners. Homeowners have to prove the bank lacks the legal right to take a home within 20 to 45 days of the date that the bank served the foreclosure notice.

Usually the homeowner is two to five months late in payments before foreclosure papers are sent. This notice is sent because the homeowner has not been paying their mortgage in full or is not paying it on time. When payments are late or if any partial payments are made, there is little a layperson can do to stop a foreclosure.

Foreclosure is NOT a  DIY Project

Foreclosure is a very serious legal process and it is never a do-it-yourself project. The banks have an attorney and have the top Florida lawyers in the state. Every aspect of foreclosure is important, it’s time sensitive and requires legal attention to detail. By taking an hour, investing in a consultation with Lanigan & Lanigan, you’ll find out what your situation is, what your options are and what kind of timeline you’ll be looking at based on your choices.

Do not start packing the house up to move. The foreclosure process takes time and you’re not going to be evicted. Relax and know that by working with experienced foreclosure lawyers your legal problems can be handled and resolved.

Worst case scenario, you’re months late on paying your mortgage. The lender is going to write to you and say, you’re late. You’re behind and you can make it right by paying in full, with late fees and penalties–sometimes. Or they’re going to file a foreclosure suit against you to get title back on your home because you defaulted on the loan.

Learn More about Bankruptcy in Florida:

How Long Does Foreclosure Take?

How long does a foreclosure take? As of February 1, 2012, in Central Florida it takes about 24 months minimum from start to finish on a foreclosure on average. Lanigan and Lanigan have had foreclosure clients who have taken 36 months. There are clients who due to varied circumstance have been in foreclosure for over three years. Individual reasons vary. Do not compare any situation of your own to this situation.

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