Florida Attorney Fights Against Foreclosures
Experienced lawyer helps people in the Miami area to save their homes
Your home is likely your most significant asset, and if you’re like most homeowners, you’ve made monthly mortgage payments for years to eventually make it your own. When unexpected circumstances such as a job loss or medical emergency occur, and you can’t make those payments on time, it can put your home at risk of foreclosure. It’s important to know there are steps you can take to keep your home or sell it while limiting your loss. The Montalvo Law Firm represents homeowners in the Miami area and throughout Florida who are at risk of having their homes foreclosed. Whether I challenge your lender in defending you against foreclosure or work with your mortgage company or bank to reach acceptable terms that benefit you, you can count on my counsel and advice.
Skilled litigator provides a strong defense to foreclosure
When your lender initiates a foreclosure action, it’s essential you take prompt action. As your attorney, depending on your circumstances, I will get to work to uncover the facts and may be able to challenge the foreclosure if I find:
- Your lender failed to follow state-mandated procedures, or federal requirements if you have a government loan.
- The mortgage company made errors such as crediting your payments to the wrong party, charging erroneous fees, or overstating the amount of your loan.
- Your lender failed to notify you of your loan default.
- You are an active-duty service member.
If these situations or others exist that show your lender has engaged in a foreclosure action that’s illegal or unwarranted, I will press your case in court. While your case is pending, your foreclosure will be put on hold, offering you a much-needed break while I work to help you save your home. If filing for Chapter 13 bankruptcy offers you a better option for repaying your debt and keeping your house, I can guide you through the process.
Proven advocate advises on options to foreclosure
In many cases, homeowners may be able to work with their lenders to avoid foreclosure. As a skilled negotiator, I can clearly and effectively present your case to your mortgage company or bank so you can make use of these options:
- Mortgage modification — If your home’s value is less than your outstanding loan amount or you no longer can afford your monthly payments under your current mortgage, you may be eligible for a loan modification. I can negotiate with your lender to have the terms of the original loan reduced to payment amounts you can afford.
- Loan forbearance — If your failure to make timely mortgage payments resulted from a financial setback you can recover from, I may be able to seek loan forbearance from your lender. Forbearance gives you a temporary reprieve from making payments while your lender agrees not to foreclose during the forbearance period.
It’s often in a lender’s best interest to work with homeowners rather than spending the time and money it costs them to initiate foreclosure proceedings. I have helped clients throughout Florida to make use of these options and keep their homes and will press for a favorable outcome in your case.
Knowledgeable counselor helps mitigate your loss in a home sale
When selling your home is in your best interests, I can negotiate with your lender to provide these options:
- Short sale — If your home’s value has depreciated by 20 percent or more, it may be in your interest to sell it through a short sale, which your lender must approve. A short sale allows you to sell your home for less than the amount you owe on the loan and keeps your lender from foreclosing, which benefits both parties.
- Deed in lieu of foreclosure — A deed in lieu of foreclosure allows you to relinquish your interest in your home for the amount of the loan by exchanging your deed for the loan cancellation. I will negotiate with your lender on the terms and meticulously prepare the agreement to ensure you are completely relieved of the loan debt.
While the decision to sell your home can be a difficult one, I will make sure you understand the benefits and risks so you can proceed fully informed before engaging in any transaction. In all cases, my goal is to help you reach an outcome for you and your family that keeps you from losing your home to foreclosure.
Contact a dedicated Florida attorney for help with foreclosure actions
At the Montalvo Law Firm, I assist clients throughout Florida who are at risk of losing their homes to foreclosure. I will explain your options and guide you in making the best decision for your circumstances. Call me at 305-753-0990 or contact me online to schedule your free consultation at my Miami office.