Foreclosure Defense


Most attorneys and the public do not realize that a foreclosure can be defended in Florida. This does not mean the homeowner will prevail and not have to pay the delinquent payments. However, if a homeowners equity in their home is protected by such a defense and they are not subjected to a fast foreclosure, they may stand a better chance to economically survive.

If the lender has not received their monthly payments when due, the borrower has defaulted on the mortgage and note. That does not mean the borrow must leave the property immediately as is the case when a person fails to pay their rent.

A continuing default on a mortgage gives the lender a right to seek the judicial sale of the borrowers Florida residence by bringing a foreclosure action. In almost all instances the borrower is in the wrong not because they wanted to stop paying on the mortgage but simply because events in life resulted in a financial inability to pay on their mortgage. Although the borrower has defaulted and is in the “wrong” that does not mean the homeowner has to rollover and abandon their home or just stay there and wait for the inevitable.

An experienced Foreclosure Defense Attorney may use all legal ways to protect your home when you face foreclosure.

Beware of “Non-Lawyer assistance” programs which cannot represent you and protect you in a foreclosure lawsuit. The Florida Bar has issued a pamphlet to warn consumers such as yourself. For a copy of the Pamphlet at the Florida Bar Website Click Here, then Click the Back Button on your browser if you wish to return to our Web Site.

Do you know the full extent of your legal rights? Have you received notice that foreclosure proceedings will begin on your home? The Law Firm of JAG, P.L.L.C. can explain your legal rights and options and put those rights to work for you. Contact us today and find out how you may stop home foreclosure with an experienced attorney who knows foreclosure law in Florida. The Law Firm of JAG, P.L.L.C. help people in your situation fight foreclosure every day. You must act quickly to avoid foreclosure on your home. In almost all cases you only have 20 days to respond to the summons and complaint. Having financial difficulties can be overwhelming for most people. The Law Firm of JAG, P.L.L.C. offers alternatives to your hardships. Our experienced lawyers can explain your legal rights.

A majority of the Florida Foreclosures are brought by a dozen Florida Law Firms. These firms specialize in Florida Foreclosures and most are organized on an assembly line format. If you call their offices computerized call center answers the phone and generally insulate the attorneys and staff of those firms from your calls.

Because of their large volume, most legal documents are prepared in a generalized way through word processing merge documents. Often these forms fail to accurately describe your situation.

DEFENDING YOUR HOME: The Law Firm of JAG, P.L.L.C. has the ability to exercise your rights, both Legal and Procedural, to protect your home from a Fast Foreclosure. The following are issues that are relevant in determining if you have defenses to a mortgage foreclosure. These defenses may be raised even if you are behind in your payments.

1. Due Process:
2. Rescission:
3. Lost Notes
4. Mortgage Electronic Registration Systems Inc.
5. Force-placed Insurance
6. Lost Payments
7. Failure to Accelerate the Note
8. FHA-Insured Loans
9. Accepting Payments After Foreclosure
10. Truth-in-Lending and HOEPA Violations
11. Fraud, Abuse, Collusion
12. Fair Debt Collection Practices Act:
13. Failure to Attach Note and Mortgage to Complaint:
14. Incorrect Notice or Service

The Law Firm of JAG, P.L.L.C. wants to assist you in achieving your goals. Whether you want to obtain sufficient time to sell or refinance your home; time to find a job that may allow you to qualify for a chapter 13 bankruptcy payment plan, or to exhaust your legitimate defenses allowing you to remain in your home as long as your are legally entitled to stay there.

We want to be your attorneys.  Contact the Law Firm of JAG, P.L.L.C.  to arrange a free initial consultation. Call our office toll free at (800) 841-7184 or locally at (305) 827-8087, or fill out the online contact form.