Dedicated. Responsive. Understanding.
Foreclosure Defense and Mortgage Litigation Attorney in South Florida
Montalvo Law Firm, P.A. represents homeowners in South Florida in foreclosure defense and mortgage-related disputes. The firm also considers appropriate matters throughout Florida.
- Practicing since
- 1978
- Primary focus
- Foreclosure & Mortgage Litigation
- Serving
- South Florida & Selected Matters Statewide
- Consultation
- Speak Directly With the Attorney
- Se habla español
A Foreclosure Case Is More Than a Missed Payment
A foreclosure case may involve much more than whether a payment was missed. Because the creditor bears the burden of proving its claim, the analysis often includes:
- the mortgage and underlying loan agreement
- the identity of the party claiming the right to enforce
- payment, servicing, and escrow history
- HELOC and second-mortgage issues
- loan modifications and loss-mitigation activity
- available defenses, counterclaims, or other remedies
The goal is not simply to find a technical error. It is to determine whether the creditor can actually prove its claim with the required evidence.
Foreclosure Defense
Every Foreclosure Has Its Own History
The firm reviews the foreclosure complaint, loan documents, payment history, servicing records, assignments, and other available evidence to determine whether the party seeking foreclosure can establish its right to enforce the loan and the amount claimed to be due.
Potential issues may include standing, conditions precedent, lost notes, accounting discrepancies, servicing errors, loan modifications, notices of default, and other defenses depending upon the facts of the case.
HELOC & Second-Mortgage Foreclosure Defense
HELOC and Second-Mortgage Foreclosures Require Their Own Analysis
A HELOC is generally an open-end credit arrangement. Depending upon the loan documents and governing law, questions may arise concerning whether the obligation is a negotiable instrument, how ownership and enforcement rights were transferred, whether assignments are consistent with the history of the underlying debt, and whether the creditor can establish the amount claimed.
Long-dormant second mortgages may raise additional questions involving the servicing history, accumulated interest and charges, limitations periods, prior communications with the homeowner, and the circumstances under which collection or foreclosure resumed.
Mortgage Servicing
Mortgage Servicing Disputes
Mortgage servicing is the ongoing administration of a mortgage loan after origination. Servicing can determine:
- how payments were applied
- whether amounts were placed in suspense
- escrow calculations
- taxes and insurance payments
- fees and advances
- payment-change notices
- default status
- payoff and reinstatement figures
- servicing transfers
- loss-mitigation activity
- ultimately the amount claimed in foreclosure
When a servicing problem is suspected, the account history may need to be reconstructed rather than simply accepting the servicer's current balance or description of the default. Federal mortgage-servicing laws may also provide procedures for requesting information and requiring investigation of certain asserted servicing errors.
Loan Modification & Loss Mitigation
Weighed Alongside Your Case, Not Apart From It
Depending upon the loan, investor, insurer, or guarantor, available options may include repayment plans, forbearance, payment deferral, loan modification, or other forms of loss mitigation. Federal mortgage-servicing regulations may also establish procedures governing how certain loss-mitigation applications must be handled, though the actual programs available depend upon the particular loan and applicable investor guidelines.
The firm evaluates loss mitigation together with the homeowner's litigation posture and broader objectives rather than treating it as entirely separate from foreclosure defense.
The Bigger Picture
Looking Beyond the Foreclosure Complaint
The firm examines who has the right to enforce the loan, how the account was serviced, whether the claimed default and balance are accurate, and whether the creditor has the evidence required to support the foreclosure.
In appropriate cases, the analysis may also include whether affirmative claims, recoupment, loss-mitigation procedures, or bankruptcy remedies should be considered as part of the overall strategy.
Attorney Armando Montalvo
Experience Developed Through Mortgage Litigation
Armando Montalvo has practiced law in Florida since 1978. His foreclosure-defense experience includes advanced consumer mortgage litigation training associated with Max Gardner and the Consumer Defense Academy.
That training helped shape the firm's detailed, evidence-focused approach to foreclosure defense and mortgage litigation.
Where We Serve
Serving South Florida and Appropriate Matters Throughout Florida
Montalvo Law Firm is based in Miami and represents homeowners throughout South Florida, including Miami-Dade, Broward, and Palm Beach Counties.
The firm also considers foreclosure, HELOC, mortgage-servicing, and related mortgage litigation matters elsewhere in Florida when the legal issues and circumstances make statewide representation appropriate.
Contact Us
Common Questions
Frequently Asked Questions
Can a foreclosure be stopped without filing for bankruptcy?
Yes. Bankruptcy is not required to defend every foreclosure. Depending on the circumstances, available options may include contesting the foreclosure, loss mitigation, a repayment arrangement, loan modification, or other negotiated or legal remedies. The appropriate strategy depends on the loan, the claimed default, the homeowner's objectives, and the procedural posture of the case.
What is a deficiency judgment, and can it be avoided?
If your home sells for less than what you owe on the mortgage, your lender can sometimes pursue you personally for the difference, a deficiency judgment. Whether that's a real risk in your case depends on Florida law, your specific loan documents, and how the case is resolved. A short sale or deed-in-lieu negotiated with an explicit deficiency waiver, or a successful challenge to the underlying foreclosure, may reduce or eliminate that risk, though neither guarantees a deficiency will be avoided in every case.
Do you handle cases outside of Miami-Dade?
Yes. The office is in downtown Miami, and the firm represents homeowners throughout South Florida, including Miami-Dade, Broward, and Palm Beach Counties, and also considers appropriate foreclosure and mortgage-related matters elsewhere in Florida.
Se habla español, ¿cierto?
Sí. Bilingual service is available in English and Spanish throughout the consultation and case process.
What happens during the free consultation?
The attorney reviews your loan documents and the foreclosure filing, or your specific situation, directly with you, explains what they do and don't show, and outlines the realistic options before you decide how to move forward.
How long does a foreclosure case typically take in Florida?
It depends on whether the case is contested, the court's docket, and how much of its claim the lender can actually prove. Some cases resolve in months; others take longer when standing, servicing history, or the amount claimed is disputed.
Free Consultation
Talk to the Attorney
Before You Decide Anything.
Schedule a consultation and speak directly with Armando Montalvo about what the evidence in your case actually shows.