Bankruptcy Lanigan Logo

Bankruptcy Lanigan & Lanigan, P.L.
831 W. Morse Blvd., Winter Park, Florida 32789

407-740-7379

E-Mail Eric A. Lanigan HereE-Mail Roddy B. Lanigan Here
real estate

mortgage workouts

Finding the Best Florida Foreclosure Attorney

Florida foreclosure defense cases can become very complex and require finding the best Florida foreclosure attorney is critical. The 12 to 36 month waiting periods before going to court have ended with the new Florida foreclosure defense law made in June 2013. Foreclosure law has closed the amount of time and makes the need for an attorney immediate.

The moment that there is an issue with foreclosure consult with an attorney. While that sounds like a simple step, the difficulty is in knowing which attorney will best serve the interests of the homeowner. Start by researching Florida lawyers and law firms, Orlando lawyers, Winter Park attorneys who want you to choose them to represent you in your fight to save your home from foreclosure.  

Methods for Finding the Best Florida Foreclosure Attorney

Referrals are imperative to finding the right attorney. Be certain to ask a trusted source for a good attorney. Below is a list of suggestions:

1. Call and ask for help in choosing an attorney

2. Call the County Bar organization within your county for help finding an attorney

3. Research the attorney choices online by reading the first through at least third pages

4. Look at legal website ratings. General online reviews may not represent the attorney accurately

5. Find a video of the attorney speaking on legal issues

6. Meet with each lawyer before making the final decision. Best to pay a $350 hourly fee for a consultation than hire the first attorney you meet

7. Find out the attorney’s experience in complicated foreclosure litigation cases, specifically

8. Foreclosure defense, negotiation and litigation is complex. An attorney’s ability to build a defense, try the case, knowledge of the rules of evidence and skill navigating the paperwork and courtroom are the key to success and to obtaining an outcome that is positive. Ask many questions about what the attorney’s idea is for your case.

Choose Carefully, Choose After Talking and Interviewing Choices

The amount of experience an attorney has with foreclosure defense and foreclosure litigation in the state that you reside, help to successfully defend a foreclosure lawsuit or a complex foreclosure situation. The attorney selected will be the reason that the foreclosure case is won or lost. Before you pay for the foreclosure, be certain that foreclosure is a key practice area rather than a small part of what the attorney provides. 

Florida foreclosure law is very specific. If meeting with an attorney who practices general real estate law, or contracts law, civil and business law, bankruptcy law, but who does not primarily provide foreclosure defense and foreclosure litigation, be certain that the attorney’s experience meets the case expectations and needs. The future of your home depends upon direct knowledge and activity within the practice of foreclosure defense and foreclosure litigation. 

No matter which attorney is selected, it’s important to ask a lot of questions in order to vet the foreclosure lawery to be sure that what they say they can do, is viable and within reach. No attorney can or should state the ability to win a case. The attorney may definitely tell you how many wins and losses they have. However it’s imperative to know that every case is different and all situations vary. The attorney’s job is to provide the best defense and strategy.

First, don’t be intimidated. Ask any question that you feel is important. If there are terms you don’t understand, ask what they mean. The attorney that you hire will work with you and on your behalf. It’s an investment that should be certain and comfortable.

Questions to Ask Foreclosure Defense Attorneys

  • What is the percentage of foreclosure litigation performed in the overall practice by the attorney?
  • How long have you provided foreclosure litigation?
  • Is foreclosure defense your primary practice area?
  • How many foreclosure cases do you handle annually?
  • How many cases have gone to litigation and what is the percentage won and lost?
  • What are the different methods and plans for defending the foreclosure?
  • Will you handle my foreclosure alone or will a team of lawyers handle it?
  • Will you have assistants, secretaries, legal aides, paralegals and legal interns complete my foreclosure paperwork or will you do it yourself?
  • How often will I meet with you and what kind of timeline o you see for this foreclosure?
  • If I call you, how long will it be before I can expect an answer? 
  • If I e-mail you or call you will you respond within 24 hours or will it be on an as needed basis?
  • Will I be charged for all communication with you or is there a foreclosure defense fee?
  • Do you practice foreclosure defense?
  • Which counties have you handled foreclosure defense?
  • How many of your foreclosure cases have you won and how many have you lost?
  • What percentage of your foreclosure cases have you won?
  • What percentage of your practice is spent in litigation in general?
  • What can I expect in terms the amount of time that this foreclosure situation will take?

Ask The Florida Bar About the Lawyer You Want to Hire

When you get the answers to these questions you’ll get an idea of who has foreclosure defense experience and who is not that familiar with foreclosure. In addition, you can look up the attorney with The Florida State Bar and read online reviews and ratings.

Watch their videos online and see what it is that they have to say and what kind of presentation the attorney makes online. What you see on YouTube is what you’re going to get in-person. Presentation, poise, skill and knowledge matter.

If and When You Are Served With Foreclosure Papers

If you’re served with foreclosure papers it is probably going to be one the most traumatic things you will ever go through. Some clients describe it as being hit in the chest with a baseball bat. It’s emotionally overwhelming and there are immediate visions of having to move out of the house in a few days.

Well, that’s not the case. The foreclosure process in Florida can take many months. In fact before the new Florida foreclosure law was passed in June 2013 it could take as long as three years on average to get the foreclosure completed.

After the new law, the process will move even more quickly. The banks have to swear to the knowledge of the foreclosure papers and any other aspect of the loan and its rate, payment terms and more.

When you are served papers in a foreclosure action, step back, take a deep breath and calm down. Foreclosure litigation is like any other litigation that goes through the courts, it will take time for it to happen.

However, do not wait to hire an attorney. Your first step needs to be to find a budget to invest in defending your home. You may be saying to yourself that you don’t have the money to pay for an attorney.

If you want to keep your home you’ll have to invest in an experienced attorney because you get what pay for. If you try to hire the cheapest lawyer, you’ll get the cheapest work. Foreclosure is very paper-intensive. A good portion of what the attorney will do is the paperwork.

Be Sure the Attorney You Hire Will Fight, Can Fight for You

Knowing that the attorney will fight for you is important which is why you have to be certain that the attorney is an experienced litigator in the foreclosure defense arena. Knowing that the attorney has spent a lot of time in court, in front of a judge and jury, that there is extensive knowledge in the rules of evidence will be key.

If the attorney you hire to fight your Florida foreclosure has not practiced foreclosure, who has never tried a case, is just out of law school, offers the lowest fees, think very carefully about the choice, it’s yours. It’s not final, but it is an investment.

Having practiced Florida law since 1976, Winter Park, Florida, attorney Eric Lanigan, and partner Roddy Lanigan who has practiced Florida law since 2007, spend 80% of their time in litigation. The Lanigan and Lanigan law firm provides clients aggressive representation with a personal touch. Find out what the plan is for your case by consulting with Eric Lanigan and Roddy Lanigan of Winter Park by calling 407-740-7379.

Previous post:

Next post: