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

407-740-7379

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Every Florida Foreclosure Lawsuit is Different

Consulting an experienced foreclosure attorney is crucial because every Florida foreclosure lawsuit is different. Each lawsuit is as individual  as you are which is why you should consult a Florida foreclosure attorney when you are served with a foreclosure notice.

Florida foreclosure attorney Roddy Lanigan explains what to do when served with Florida foreclosure papers. Roddy Lanigan, partner of Winter Park FL law firm, Lanigan and Lanigan sees clients who are scared because they’ve ignored very serious legal notice that explains the home may be foreclosed on if nothing is done.

Seek Legal Counsel Because Every Florida Foreclosure Lawsuit is Different

“Many clients listen to friends, relatives, neighbors and think that the stories that are shared with them will be the experience that they too will have,” Roddy Lanigan said. ”Not true. A Florida foreclosure lawsuit is as individual as you are.”

A foreclosure is a lawsuit filed by the bank against a homeowner or mortgage holder of a property for default on payment. If you don’t pay for several months and have not contacted the bank or lender to work something out with them on lowering your mortgage payments, for example, a mortgage refinance, you still owe the money. The bank has the right to file a lawsuit against you to recover the money. If you continue to ignore the notices, you can lose your home. 

In June 2013, the foreclosure process in Florida was changed and it moves much more quickly in the courts. It is also more favorable to banks who can more quickly get into the courts with homeowners. The proof that the bank is WRONG for filing a lawsuit against a homeowner, lies directly with the homeowner. The bank may be incorrect in the amount due. However, if a homeowner has ignored legal notice, it’s like saying, “OK, I give, you can have my house.” 

There is no reason a homeowner should not fight a foreclosure if in fact the home is a wanted property. Missed payments can be paid, penalties may be paid. But if the bank states that you owe one amount, and you insist that you owe another amount, the proof is on the homeowner to prove that the amount is correct. 

This is the point at which a homeowner should stop. Put down the phone and quit fighting the bank and its cadre of attorneys with unlimited billable hours. 

How to Prepare for a Florida Foreclosure Attorney Meeting

  1. Call an attorney experienced in Florida foreclosure defense.
  2. Before you call, gather paperwork on the mortgage.
  3. Gather every single piece of paperwork that has been delivered to the home. All mail.
  4. All the service papers received from FedEx, UPS, USPS.
  5. Keep a careful list of the paperwork organized by date. 
  6. Keep a notepad by the phone to mark the time, date, conversation, bank person(s) spoken to.
  7. Keep copious notes. 

Don’t Leave Your Home

“If you are served with a foreclosure complaint, it doesn’t mean that you have to abandon a property tomorrow merely because you have not paid your bills,” Roddy Lanigan said.

“You are still the title and record holder of that property. You own the deed and title to it; it’s yours. The bank merely lent you the money to buy the property. Now it’s their obligation to foreclose on their security interest.”

Wondering what to do about your foreclosure? Don’t throw the lis pendens–the notice from the bank that they are going to file a foreclosure lawsuit against you–in a file and forget about it.

The Florida foreclosure process moves more quickly than it used to. Florida foreclosure law changed in July 2013 and if you want to keep the home you live in for you or for your family, call a foreclosure lawyer now. Don’t wait.  Don’t listen to what happened to your neighbor who may be living in a home that was foreclosed on and not paying a dime toward their mortgage. That is not what is occurring today in April 2014. Now, the bank can get a foreclosure trial more quickly and you as a homeowner had better have an attorney. 

Foreclosure is NOT a DIY (Do It Yourself) Defense

The bank has a highly skilled attorney and so should you. If you’re shopping for the best price, you may want to go with a discount rate attorney. However, you will get in services what you pay for. 

Every foreclosure is completely different. Personal finance, debt, income, loan origination date, second or even third mortgages, affect the foreclosure and make it unique to a homeowner. 

To consult with Roddy Lanigan, call 407-740-7379. By investing in a consultation you’ll find out the options specific to your foreclosure so that you can decide what you’d like to do. 

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