Foreclosure is a depressing and complicated procedure, but with the right legal assistance, you can save your home from being lost. If you are facing it and looking for a Foreclosure Defense Attorney in Miami, then don’t worry! Garcia Hernandez is a leading law firm based in Coral Gables and serves people from Miami. We are a specialized law firm that has many years of experience in handling simple to complicated foreclosure defense cases across Florida.

Our lawyers offer personalized legal assistance to meet the unique needs of individuals and have more than 19 years of combined experience in foreclosure defense and other matters. Even if you are backward on mortgage payments, facing court summons, or have received a default notice, our lawyers are ready to assist you and fight for your rights.

Miami Foreclosure Defense Attorney

The Law Office of Garcia Hernandez, P.A. has been representing foreclosure and bankruptcy clients for over 18 years. Our experience in foreclosure matters and has given us perspective that every case is different and should be treated as such.

Foreclosure is a grim matter that can potentially leave you on the street. It can progress fast, especially if you do not fight back. We recommend dealing with foreclosure by hiring an experienced foreclosure law firm to fight for you and help you resolve it in the best possible way.

Legality of the Foreclosure

The first thing that we always analyze is whether the foreclosure is legally valid. There are many specific requirements that limit who can foreclose and specifies how lenders may proceed. Does the lender have the right to foreclose? Was the foreclosure served properly? Was the debt appropriately accelerated by the bank? These are some of questions that are best answered by experienced foreclosure attorneys. If the foreclosure is legal, then we need to look into how to best resolve it.

Mortgage Modification

A potential solution to foreclosure action is via Mortgage Modification. Mortgage modification is a process in which most clients get to keep their home by changing (“modifying”) the terms of their mortgage. By modifying the terms of the mortgage a client may be able to lower the interest rate, extend the number of months of the loan, and in some cases lowering the total amount of the debt. Lenders may also allow clients not to make payments for a certain amount of time and roll over the payments not made to the end of the loan.

If a foreclosure is too far advanced and/or there is a foreclosure sale scheduled, clients may need to file for bankruptcy to save their home. Clients can apply for a loan modification in bankruptcy through Mortgage Modification Mediation. This is an option that was created by the Bankruptcy Court in  Florida and is formally titled Mortgage Modification Mediation, or MMM for short. Individuals who opt for this option normally declare bankruptcy and negotiate with their lender (usually a bank) terms becoming current on their mortgage. Many clients have successfully saved their homes from being foreclosed by declaring a Chapter 13 Bankruptcy and modifying  their mortgage. Many have clients have lower their interest and payments through a mortgage modification.

Even if the bank does not agree to loan modification, a client can stop a foreclosure and bring their mortgage current in a Chapter 13 bankruptcy by paying the arrearage in a payment plan of three (3) to five (5) years. After the payment plan the client can continue by making their regular payments directly to the lender or bank.

Clients should also be aware the condominium or homeowner’s associations can also file a foreclosure lawsuit. Even if you owe money to a bank, an association can foreclose against you and take your home if you don’t defend the association foreclosure.

Declaring Bankruptcy is never an easy choice; however, many clients choose to do this in order to save their home.

Loan Negotiation

Another option that oftentimes yields satisfactory results is negotiating with the bank via an experienced foreclosure attorney. Banks are inclined to negotiate because it is better to have the same client paying off the loan than to have to go through the process of reselling the home. Loan modifications or refinancing are often agreed to and allow the homeowner to stay in their home while they pay off their home with new terms, delaying or cancelling the foreclosure proceedings altogether.

Foreclosure Defense Attorney in Miami | Trusted Guidance from Garcia Hernandez

In downstream shores, Florida is a judicial foreclosure state. This means that lenders need to file a formal action in the courts for the foreclosure of a residential property. Whereas this procedure affords some protection to homeowners, all procedures need to be conducted within deadlines. Typically, foreclosures begin because a borrower fails to keep up with the payments on the mortgage, say about 90 days late on payments. Notice of Default is given, and a Lis Pendens is filed: it is the notice to the courts and public that a foreclosure lawsuit is underway in court.
Once this happens, the clock starts ticking, and you have roughly 20 days from the date of service to respond to the lawsuit. Without a response, the lender can get a default judgment against you and essentially sell your house at auction. Yet, there is an array of defenses and remedies open to you. That’s what Garcia Hernandez will do for you.

Common Foreclosure Defenses We Use

When you hire our lawyers, we thoroughly study your mortgage documents, payment history, and any notices signed by both parties to find any weaknesses in the lender’s case. Some common defenses we handle are:

Improper Documentation of Loan

In some cases, banks may not have the correct documentation establishing ownership of a loan. A break in the chain of title or missing documents may, therefore, be instrumental in stopping a foreclosure case.

Violation of Consumer Protection Laws

We scrutinize whether your lender has committed a violation of federal or state law, including but not limited to Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), or the Fair Debt Collection Practices Act (FDCPA). Each one of these violations can become a basis to either delay or dismiss foreclosure proceedings.

Foreclosure Procedures Violation

Foreclosures in Florida have less than a few days to give notification, service of process, and file court proceedings. If the bank does not follow these procedures, we can legally stop the foreclosure on the grounds of due process violation.

Loan Servicing Errors

We are often able to find that loan servicers have misapplied payments, failed to credit mortgage assistance payments, or assessed incorrect fees. These errors allow us to craft a solid legal defense.

Standing to Sue

Foreclosure is always brought only by those standing before the Courts, meaning it has to be an entity that owns or controls the mortgage note. If those entities are not able to make the required showing, the action will be dismissed.

Solutions Beyond Foreclosure Defense

Besides fending off a foreclosure suit, there are some other options. At our law firm, we also assist clients in exploring alternatives to foreclosure and creating a road to financial recovery.

Loan Modification

Loan modification is widely accepted for homeowners who want to retain their homes but cannot afford the payments on their current mortgage. We negotiate with lenders to:

• Lower interest rates
• Extend loan terms
• Recalculate principal balances
• Defer past-due amounts to the end of the loan.

Mortgage Forbearance

Forbearance allows you to pause or reduce payments temporarily. This can apply if your financial hardship is of a short duration acts such as job loss, medical conditions, or a recent divorce.

Deed instead of Foreclosure

If filing for foreclosure is just out of the question, the deed in lieu lets you convey ownership of your property back to the lender in return for the discharge of your debt. This may allow you to avoid a formal foreclosure landing on your credit report.

Short Sale Representation

In a short sale, the lender agrees to let you sell your home for less than what’s owed on the mortgage. We will negotiate with the bank and protect your interests throughout the process.

Why Homeowners in Miami Trust Garcia Hernandez

Here’s why people trust us for their foreclosure defense cases in Miami:

Local Experience

We’re not your typical national chain of law firms wherein people pick up the phone only to be redirected. Instead, we are Coral Gables based with deep roots in the Miami legal arena. We at Cender bring expertise in local courts, lenders, and real estate market dynamics into affecting your case.

Personalized Legal Strategy

No two foreclosure cases are alike. We listen to your story, evaluate your financial situation, and recommend solutions that are precisely tailored to your goals-whether they are to hold onto their house or to exit with the least possible harm to their credit.

Aggressive Advocacy

Trial-ready. We act if your lender refuses to work with you or unlawfully forecloses. We attack the unlawfulness aggressively in courts to amplify your rights and hold wrongdoers accountable.

Transparent Communication

Legal jargon and processes can be extremely confusing in the best of times- and during a stressful period, interminably so. Our teams keep you posted every step of the way so that you never feel left alone in the dark.

What to Do If You’ve Been Served with a Foreclosure Lawsuit

You must act quickly if the Miami foreclosure papers have been served on you. Unless you respond to the suit, it will not disappear, and the loss of your home will be expedited.
The first things to do are:

• Do not ignore the complaint. A 20-day response period must be observed in Florida.
• Call a Foreclosure Defense Lawyer Immediately. The earlier we become involved, the better the chances available to assist you.
• Get all of the Documentation, such as mortgage statements, legal notices, payment records, and communications with your lender.
• Do not fall for unsolicited foreclosure rescue offers coming from anyone but a legit foreclosure defense lawyer or legal company that will promise to fix your situation overnight.

Conclusion

Aside from the most common strategies described above, there are dozens of legal avenues available to clients depending on their situation. If you are facing foreclosure you should contact the Law Office of Garcia Hernandez, P.A. where you can receive a free consultation from our experienced foreclosure Miami attorney. Call us today or fill out the contact form and we will reach out to you!

Make Your Consultation Appointment Now!

At Garcia Hernandez, we know the hardships of being threatened with foreclosure. You deserve experienced and compassionate legal advocates with the skills to help you regain your control.
The firm proudly serves clients throughout Miami, from Brickell, Downtown, Coconut Grove, Little Havana, to Coral Gables. Whether you are about to go into the foreclosure process or have already been assigned a sale date, it is never too late for legal help.

Call On: (305) 771-3374.
Office Address: 2655 LeJeune Road, Suite 802, Coral Gables, FL.

FAQS for Foreclosure Defense Attorney Miami​

Question 1. How long does the foreclosure procedure generally take in Miami, Florida?

Answer: The timeline of the foreclosure procedure can vary according to many aspects, such as court schedules and the factors of your case. But it can take months to more than a year.

Question 2. How can Garcia Hernandez help us in a foreclosure defense case?

Answer: Garcia Hernandez will review your mortgage documents, payment record, and any communications with your lender. They will review possible weaknesses in the lender’s case, design a defense plan, and explore options, such as loan modification or mortgage forbearance.

Question 3. How can we prevent foreclosure?

Answer: Preventing foreclosure usually involves reaching out for help as soon as you face problems making mortgage payments. There are lots of options, such as negotiating a loan modification, seeking mortgage forbearance, or exploring a short sale.