Fort Lauderdale Foreclosure Defense Attorneys
Every month, thousands of new foreclosure notices go out to homeowners across the State of Florida, including Miami-Dade, Broward, and Palm Beach counties. Chances are that circumstances beyond your control, like the loss of a job or unexpected medical expenses, are causing you to fall behind on your mortgage payments. We can help.
Our concierge approach to legal service makes an experienced South Florida foreclosure defense attorney available when you need them during this difficult time. Fighting a foreclosure without an attorney can put you at a disadvantage.
Mortgage Foreclosure Defense
- Response to a foreclosure notice
- Evaluation of bank errors in mortgage
- Bank negotiations
- Court representation
- Deficiency judgments
- Foreclosure auctions
Condominium Foreclosure Defense
- Condominium association foreclosure sales
- Condominium association liens
- Lender negotiations
- Court representation
- Short sale
- Regular sale
- Deed in lieu of sale
- Forced deed in lieu
- Robo-signer defense
- Loan modification
We Work to Help You Stay in Your Home
Our foreclosure defense attorneys will raise all meritorious defenses and will work with you to gain extra time that can help you to get current on your mortgage, seek a loan modification, assist in a short sale, refinance to a new mortgage, or find a buyer for your property.
Schedule an Initial Consultation
Contact us online or by phone at 954-321-0176 to discuss your legal needs. We will answer your legal questions in complete confidentiality, and explain how our concierge philosophy puts us at your service.
We serve business owners, professionals and individual clients across Florida, including Miami, Fort Lauderdale, Boca Raton, West Palm Beach, Naples, Orlando, Tampa, Daytona Beach, Jacksonville, Tallahassee, and other cities throughout the state.
Court of Appeal reversed a foreclosure judgment in favor of the lender to favor homeowner instead
Maria Supria v. Goshen Mortgage, LLC, 2017 WL 6029671, (Fla. 4th DCA Dec. 6, 2017)
As a consequence of transferring mortgages in the secondary market, a lender’s ability to establish its proper chain of transfers at the time a foreclosure action commences often proves problematic. Recently, the Fourth District Court of Appeal reversed a foreclosure judgment in favor of the lender, Goshen Mortgage, LLC, based upon standing and directed that judgment be entered in favor of the homeowner.
Centerpointe Financial. Inc. made the loan to the homeowner. Centerpointe eventually sold the mortgage and transferred the note through an allonge. An allonge is a document attached to a note that provides additional space for endorsements. Unfortunately, the allonge was detached from the note and misplaced. Ultimately, the loan was purchased by Goshen. When the homeowners defaulted on the loan, Goshen filed an action for foreclosure. At trial, Goshen asserted that it was not a holder of the note but contended it was a nonholder in possession. The Fourth District opinioned that to prove ownership rights as a nonholder, the lender must show; there was an effective transfer, proof of purchase of the debt, or a valid assignment. Goshen did not meet its burden of proof.
Accordingly, when Goshen acquired the loan, it received no enforceable rights. Goshen demonstrates the proper need for a review of all documents at the time a transfer of a loan occurs to avoid the pitfalls encountered by Goshen in the process. We at Kahn and Resnik, PL have the experience to assist all parties in memorializing their rights, and, if necessary to enforce them.