topbar.gif
logo.gif
 
Foreclosure Home PageForeclosure Clients OnlyForeclosure TestimonialsForeclosure Help GuaranteeContact Foreclosure Help

Stop Florida Foreclosure

Free Consultation Services About Us FAQ'S State By State


See our BBB report
Do You Qualify For The Goverment Mortgage Bailout Program.
One of our foreclosure experts will be able to determine if you are eligible for free, usually within 15 minutes!
Your Name
Phone #
Email

Foreclosure is a very serious matter, your now receiving all sorts of letters in the mail from different companies all telling you that they can help you. They can be very confusing.

Many companies will make big promises. For example, if a company tells you that they can lower your rate to a specific interest rate, lets use 5.25% as an example, chances are they are not being straight with you. Interest rate reductions are a moving target, nothing is set in stone until the mortgage company signs off on it. Another red flag is how a company accepts payment for their fee's. If they only accept payment by Western Union or cashiers check, this means that you have no recourse in getting your money back. Which is exactly the way they want it. Reputable companies accept debit cards as payment for services. By accepting debit cards (not paypal) this means the company has a merchant account and YOU have recourse through your bank. Qualifying for a merchant account requires that a company has been in business for at least two years with a good history. If you want to find out how long a company has been in business, a good way to check is by checking out when the their internet domain name was registered. Many companies put together a impressive website and then when the authorities start coming after them they simply register a website under a different name. You can check a websites creation date by going to www.betterwhois.com. Chances are you will find that they have registered the domain name within the last year or so. Do you want to trust your home to someone with little to no experience?

Just Walk Away
It has come to our attention that some organizations are advising people on the phone and by mailers to home owners, to just walk away and let it go to foreclosure. It appears the organizations behind this campaign may be groups of investors that want to buy your property cheap at auction. This can be devastating for home owners in many states, as the home owner is responsible for the deficiency, which means if you owe $225,000 on your loan, and your home sells for $100,000 at auction, you're on the hook for the $125,000 difference. They can garnish wages to get it. This means the investor gets a great deal and the homeowner gets a huge bill as they are being kicked to the curb.

Private Investors/Lenders:
They will tell you that they will bring your mortgage current and payoff all back fees to save your home, and they will too, for a price of coarse.

In order for them to do that you must " quick Deed" (sign over your home to them in their name). In turn they will gladly lease your home back to you with 15-20% higher payments for maybe 1-2 or 3 years until they have made their investment back. Then they will agree sign your home back to you. Sounds good so far right? But here's the trick.

In the contract that you sign, always somewhere in the fine print. It will say if the leasee (you) are 24 hours late with your monthly payment within the duration of your contract, that the lessee (you) must evacuate the premises. Usually within 5 - 7 days. Over 90% of homeowners that fall for this trick end up losing there homes. These investors all know that you've had payment problems in the past, that's why they prey on homeowners in your situation. Next thing you know your family is out on the street, with no home or hope and the investor just tricked you out of your $150,000 home that cost them only $4,000 to $5,000 so PLEASE BEWARE, don't do it.

New Loan:
you to take out another loan (it sounds good on the surface but you'll pay much, much more in the long run). You have to start of a new loan from the beginning, you eventually lose all of your equity. All of your past payments are just wasted. You gain nothing. Don't fall for it.

Bankruptcy:
Don't do it! It will only save your home temporarily. Big rouble awaits you around the corner. Everyone says "file for bankruptcy it's easy don't worry we can get you squared away". Yea right. Do yourself a huge favor Don't do it!!

If you truly would like to save your home and have your case handled correctly, call the professionals. We will evaluate your case for free and inform you of your rights as a homeowner. We will introduce you to the many options that are available to save your home. To get your free evaluation either fill out a short questionier by clicking here or call now, 1-888-209-1424.



NEWS ALERT!!!

If you are in foreclosure, this article is a MUST READ!!!

For information about the new goverment bail out program click here.


Florida Foreclosure Process

If you do not FULLY understand the foreclosure process outlined on this page and how it may apply to you please take advantage of our FREE consultation by clicking here.

The Process

In Florida, mortgages must be foreclosed by filing a lawsuit in court. As in any lawsuit, the borrower must be served with notice of the lawsuit and must be given an opportunity to appear and defend his or her rights. The lender will try to show that the borrower is in default, and that foreclosure is therefore necessary under Florida equity law. Florida is unusual in that the legislature has passed very few statues regulating foreclosures. Most of the law on the subject of foreclosures in Florida is found scattered in dozens of cases. The basic statue, chapter 702.01 reads as follows:

All mortgages shall be foreclosed in equity. In a mortgage foreclosure . . .

action, the court shall server for separate trial all counterclaims against the foreclosing mortgage. The foreclosure claim shall, if tried be tried to the court without a jury.

Counterclaims by a borrower may be tried to a jury, but they must be tried separately from the main foreclosure lawsuit.

In Florida because the lawsuit to foreclose on a borrower is a suit in equity, it is impossible to obtain an injunction to stop what is, in essence, a court ordered sale. In addition, the court can order the sale at a low price. A sale can be set aside if there is an error in the procedure to foreclose; however, it cannot be set aside due to the low sale price. The court order commanding foreclosure will specify how the foreclosure must take place, and the foreclosure must take place on those terms.

After the sale takes place, the sale terms must be confirmed by the court that ordered the sale. If the terms of the sale order are met, title in the buyer’s name can become complete by filing a certificate of title. At the discretion of the court, junior lien holders can redeem the property, up to the time of the confirmation of the sale. The equity of redemption is cut off when the sale is confirmed, but it exists prior to that time, which means the borrower can save the property from foreclosure by coming up with the money before confirmation.

Deficiency

A separate action for a deficiency must be filed within four years after the foreclosure sale.

 


This information is a general overview of the Florida foreclosure laws. We don't guarantee it's accuracy as house foreclosure laws can change. Please contact us directly at 1-888-209-1424 we would be happy to assist with any stopping foreclosure questions you may have.

Copyright 2000-2009 Lewis Mediation Group; Assisting homeowners to stop Florida foreclosure