Delaying Foreclosure

Homeowners facing foreclosure have several options. They can "reinstate" by paying the back due amounts and resuming their regular payments. They can also "redeem" by paying off the loan in full. Homeowners can try to reach new terms via a loan modification. If the home is "underwater" (the amount owed exceeds the value), they might seek an agreement to vacate the house pursuant to a deed-in-lieu, or pursue a short sale or consent judgment, or fight back! Or, if there is equity (the value of the home exceeds the amount owed), then a homeowner will have other options like refinance or traditional sale. 

Some clients are not sure what they want and ask if we can help secure some time to help figure things out. Other clients have new opportunities on the horizon and need a little time to get back on their feet. Then, they plan to resolve their case via any number of possible avenues.

Pursuant to the Florida Bar's Rules of Professional Conduct, taking steps calculated to purposefully delay a case, even when it is in a client’s best interest, is not permissible. However, we are ethically obligated to provide you with competent and diligent representation. In the context of litigation, competent and diligent advocacy often creates tremendous delays. It is only within this framework that we have seen delays in our client’s cases. 

At the Law Offices of Evan M. Rosen, some of our clients come to us in hopes of delaying foreclosure. Ultimately, unless there is some major change in the law down the road, delaying foreclosure will not solve your legal or financial problems. Our firm is proud to be made up of effective and caring advocates who seek to help our clients both in the short and long term. We work with homeowners throughout Florida to actually solve their mortgage problems. However, it is often the case that our vigorous efforts on behalf of our clients do result in significant delays in their pending foreclosure actions. In most instances, it is the bank who causes the delays. 

Unlike many others who believe foreclosure defense is just about delaying the amount of time it takes to lose your home, we know it is about so much more. We will perform a complete evaluation of your case and situation, we will listen to your needs, and we will come up with a comprehensive solution to solving your mortgage problems that is the best for you.

You are welcome to read more about delaying foreclosure below or you can contact us now for a consultation by calling 754-400-5150 or by filling out our online form.

In Florida, lawyers are forbidden by Florida Bar rules from improperly delaying litigation, even if it would be in the best interests of their clients to do so. In fact, lawyers are supposed to make reasonable efforts to move things forward.

In the majority of cases, however, vigorously and aggressively fighting legal issues in foreclosure has the unavoidable consequence of creating a tremendous delay. In other words, while we cannot simply cause delays for the sake of delays, we can—and should—diligently and competently fight for your rights.

Our vigorous efforts to hold banks responsible often buy you time to work out a better solution than foreclosure.

At the Law Offices of Evan M. Rosen, we listen to your needs and formulate a comprehensive plan with you. This plan may include seeking a loan modification while defending the case. You may want to work out some other solution like a deed-in-lieu, consent judgment, traditional sale, or short sale. Or, you may want your day in court. If so, we will prepare for trial and assert ethical and legal defenses in our attempt to win.

Delaying foreclosure can give you more time to work with your bank. It can also create leverage to negotiate better settlement terms. During the time when you remain in the home, you can work on improving your finances. 

Banks, just like everyone else, must follow the rules. Before a bank can take your property, they must prove their case, just like anyone else would have to do. There are substantive and procedural rules they must follow but they frequently take shortcuts. Most lawyers can tell you why you don't have a good case but great lawyers look for ethical and legal ways to help. We try very hard to always remember this and to do all we can to help our clients. 

Keep in mind that banks have committed a long list of crimes in recent years. The list seems endless and new ones emerge regularly. Thanks mostly to aggressive litigation tactics, many banks have been caught violating mortgage servicing and foreclosure laws numerous times. In 2012, the five largest mortgage servicers were ordered to pay $25 billion dollars to settle claims of abusive foreclosure practices.

Our goal regularly includes going after banks for violations or potential violations—requiring them to follow the law when attempting to foreclose on you. When we represent you in a foreclosure case, we rely on an Arsenal of Defenses.

There are laws in place to protect borrowers and homeowners for good reason. These laws protect you, the individual consumer, against abuses perpetrated by huge corporations that have far too much power over your life. You should never let a bank get away with violating any of the foreclosure or lending laws. Instead, let us aggressively represent you. You can hold the bank responsible and, at the same time, do all you can to resolve the foreclosure.

At the Law Offices of Evan M. Rosen, we believe that foreclosure defense is about more than just delaying foreclosure. We want to serve you by helping you resolve your mortgage  situation with the best possible outcome. Contact us today at 754-400-5150 or through our online form to schedule a consultation to learn more about what we can do for you.

Let the Law Offices of Evan M. Rosen serve you!