The DeWitt Law is known for its diversified real estate practice, including residential, commercial, and agricultural property closings; lender representation; negotiation and drafting of documents, including contracts and ownership and encumbrance instruments; examination of title and issuance of title insurance; developer representation and condemnation law. We also have access to The Fund and litigate all real estate related issues involving contracts, title issues, tax deeds and quiet title and partition actions.
The DeWitt Law Firm has extensive experience helping people through the foreclosure process. Whether you are facing foreclosure or are seeking to foreclose on a piece of property, we can help. We have argued constitutional issues regarding the foreclosure process and have written articles addressing these issues, some of which can be found on our website. Learn more about The DeWitt Law Firm’s foreclosure defense.
The DeWitt Law Firm represents individuals seeking to modify loans with financial institutions. From negotiating the modified terms to drafting or reviewing the loan documents, we assist in all aspects of the loan modification process.
Florida is a judicial foreclosure state, which means that all foreclosures must be processed through the court system.
Notice of Default – This is a written notice from the lender to the mortgage holder. It must contain specific information in order for the lender to proceed with the foreclosure lawsuit. If the lender fails to include the required default language, the foreclosure lawsuit, once it is filed, may be dismissed. If a borrower receives a Notice of Default and does not cure the default; the lender may file a lawsuit to foreclose on the mortgage.
Foreclosure Complaint – Once a borrower receives a Complaint, they only have 20 days to respond or a default may be entered against him or her. The Foreclosure Complaint must plead standing, jurisdiction, that the proper notice requirement have been met, and the amount owed. Additionally, the Foreclosure complaint must include a verification clause that is signed by an individual who has actual knowledge regarding your loan.
If you have received a foreclosure Complaint, it is imperative that you respond within 20 days. Failure to do so may result in a default judgment and the bank may be allowed to foreclose on the property.
The timeframe for a foreclosure action varies dramatically and is difficult to estimate.
You are not required to hire an attorney to defend a foreclosure action. However, it is advised that once you are served with a foreclosure complaint, you have an experienced foreclosure attorney review your paperwork within 20 days. An attorney’s role in the foreclosure process is a vital one. They will appear on your behalf and defend you throughout the Court proceedings. Additionally, an attorney may be able to work with your lender to determine if there are other options besides foreclosure.
From an experienced foreclosure attorney, you can expect:
Many clients come to our office days before their property is to be sold. This not only makes our job as your attorney more difficult, but it limits the defenses available to you. If the Court has already entered a default judgment against the borrower, we must show both a meritorious defense and excusable neglect to have the default set aside. Although this is possible in many instances, it is always better to consult an attorney as soon as possible to discuss your options. The longer you wait to get an experienced foreclosure attorney on your side, the fewer opportunities your attorney has to help you.