Stop Foreclosure Attorney

To stop foreclosure, an attorney must respond to the foreclosure complaint within a very strict time frame. If you have received (or have been served) a foreclosure notice from your lender or mortgage holder, it is very important to contact a foreclosure attorney immediately upon receipt of the foreclosure complaint. Only a qualified attorney can provide you with the best options to stop foreclosure. Attorneys at the Law Offices of Keith D. Collier can review your case and help you decide whether a foreclosure defense, a chapter 13 bankruptcy or a chapter 7 bankruptcy will accomplish your financial goals. But, don't delay. Not taking action in a timely manner can permanently cost you the opportunity for foreclosure defense.

Foreclosure Defense

Foreclosure Defense is a tool used in State Court to fight the foreclosure. Generally, it's used when a person has been harmed in some fashion by the lender or servicer of the loan. Not every person has a defense to a foreclosure. Please consult a foreclosure attorney to see if you have a defendable case. When a mortgage company forecloses on a home or property in the state of Florida they have to sue the mortgage holder in State Court. They file what is called a Lis Pendens. When the complaint is filed with the State Court, the Attorney for the lender or mortgage company has to serve the person or persons listed on the mortgage and or deed. This service is generally done by US Mail or by a process server. Once the service has been completed the Court generally gives you 20 to 30 days to respond to the complaint by filing an answer. This 20 to 30 days is very important. If you miss this time period you could lose your right to fight the foreclosure or cause it to be more difficult.

Pitfalls of Foreclosure Defense

In a lot of cases, foreclosure defense does more harm than good. By defending a foreclosure complaint only to delay the foreclosure sale, a person is only delaying the inevitable, foreclosure. This may be your plan and foreclosure defense is a good way to stall the foreclosure in some cases. However, to do so just to by time may be considered unethical. Generally, I ask my client, "What do you want to accomplish?" Most say they just want to start over and get from underneath this upside down house. The best way to do this is to file a chapter 7 bankruptcy. Filing a chapter 7 will delay the foreclosure at least 2-3 months depending on the timing. If the client wants to truly save the house, I advise them to file a chapter 13 bankruptcy. In my opinion, a chapter 13 is the only true way to force your mortgage company to stop the foreclosure and take the normal mortgage payment plus a little more to catch up the missed payments.

For your convenience, we have 3 locations in Florida where we can hold your foreclosure consultation. Clients in Northeast Florida should visit our Jacksonville office. Those in the central part of the state are encouraged to meet with us in Orlando. If you're along the Space Coast, then our Daytona Beach office is right for you.

NOTE: There are foreclosure cases where the mortgage company truly screwed up and foreclosure defense is a great way to bring these mistakes to light before a judge. Just remember to ask yourself "What do I want to accomplish?"