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Foreclosures

Foreclosure is the legal process by which a mortgagor of real or personal property, or other owner of property subject to a lien, is deprived of his interest therein. Foreclosure services that we provide include: residential foreclosures, commercial foreclosures, mechanic lien foreclosures, judgment lien foreclosures, condominium association lien foreclosures, homeowner association lien foreclosures, deficiency judgments and enforcement of security agreements.

FAQs

Once you have been served, under Florida law, you may have only twenty (20) days to file a response.  If you fail to file your response within twenty (20) days, you may be defaulted in which a judgment may be entered against you.  So if you have been served with service of process, you need to act fast and contact an attorney immediately. If you need further clarification, please contact our foreclosure attorneys, real estate attorneys, and bankruptcy attorneys in Miami. 

Foreclosure cases are always based on a dispute between the borrower and the lender.  The more important question in these types of cases is whether the lender has correctly applied all payments made by the borrower or whether the borrower has made all payments required under the loan documents.  The discovery process in the foreclosure proceeding will allow the parties to determine the actual amount that is owed or not owed.  If you need further clarification, please contact our foreclosure attorneys, real estate attorneys, and bankruptcy attorneys in Miami. 

There are many defenses and means available to a borrower to prevent the foreclosure of their home.  Most of the time, the main issue in the foreclosure case is nonpayment of the mortgage.  If you are a borrow trying to pay a mortgage, there may be certain legal rights available to you to help you keep your property.  If you need further clarification, please contact our foreclosure attorneys, real estate attorneys, and bankruptcy attorneys in Miami. 

There are different types of liens such as equitable liens, judgment liens, association liens, mechanic liens, mortgages, etc.  The process of foreclosing this lien will depend on the type of lien.  Some liens require certain statutory procedures are complied with before beginning the foreclosure process.  You can foreclose liens on both real and personal property.  If you need further clarification, please contact our foreclosure attorneys, real estate attorneys, and bankruptcy attorneys in Miami. 

If you fail to take action, you will lose and your funds will be garnished.  There are certain exemptions that may be available to you such as the head of household exemption among other exemptions.  Sometimes a garnishor might not even have the right to garnish your funds and may have issued the garnishment in error.  You should contact an attorney to review the garnishment process in your particular case.

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