Foreclosure Defense FAQs

Foreclosure defense is the legal representation of property owners facing foreclosure. An experienced, competent, and diligent attorney can use many different issues and techniques to help a property owner achieve their goals. Those goals can include saving the property through a modification or payoff, selling the property, or winning in court.

There’s a saying in law: “A lawyer who represents himself has a fool for a client.” For a non-lawyer, representing yourself is not a wise choice. Law can be extremely complicated. It involves a system of statutes and case law built on hundreds of years of history and precedent. An experienced, competent, and diligent foreclosure defense attorney can help you achieve a favorable outcome.

Foreclosure defense strategies vary depending on the specifics of each case. A great attorney can help spot issues that create negotiating leverage, or help you win at trial. There can be issues pertaining to “standing,” service of process, procedural defects, defects in the pleadings, discovery disputes, evidentiary issues, and more. See our Arsenal of Defenses page for more information.

A foreclosure defense attorney can help you understand your rights as a homeowner, evaluate your options for defending against foreclosure, and represent you in court proceedings. They can also negotiate with lenders to explore alternatives to foreclosure and work towards a resolution that best meets your goals.

In many cases, yes. An experienced and competent foreclosure defense attorney can help you explore options for stopping the foreclosure process—like seeking a loan modification while challenging the foreclosure in court. But time is of the essence. It’s very important to act quickly and seek legal assistance as soon as possible.

The foreclosure process timeline in Florida can vary depending on factors such as the lender’s procedures, court backlogs, and whether the property owner contests the foreclosure. The process can take several months to over a year. For more, please see the timeline on our Understanding the Foreclosure Process page.

Depending on a detailed analysis of your case and your goals, you might have any of the following options available to you: loan modification, principal reduction, selling the property, deed-in-lieu/cash-for-keys, and getting more time to work it out. For more about your options, please see our Understanding Your Options page.

The cost of hiring a foreclosure defense attorney can vary depending on factors such as your goals and the complexity of your case. For any recently filed case (filed within the past four months), our office will provide a free phone consultation. For cases that have a more complex litigation history (with pending litigation that has been ongoing for more than four months), we typically start with a paid phone consult. We only want to charge a fair and reasonable fee, and only want to charge if we are reasonably certain we can help. We also offer payment plans that are typically far less than the average mortgage payment.

If you’re facing foreclosure, it’s important to take action as soon as possible to protect your rights and explore your options. Doing nothing is certainly a choice, but it’s typically the worst choice you can make. If you do nothing, the bank and court can process your foreclosure quickly—with a sheriff showing up at your door and giving you twenty-four hours’ notice to vacate. If you are not out by then, the sheriff can forcibly remove you and your belongings. An experienced and competent foreclosure defense lawyer can help you explore your options for defending against foreclosure and can help you achieve your goals.

To schedule a consultation with a foreclosure defense attorney, simply contact us. Or for any matter where a foreclosure suit has not been filed, or where one has been filed within the past four months, click here to schedule a free phone consultation. For cases that have a more complex litigation history (where litigation has been ongoing for more than four months), please click here to schedule a thirty-minute paid phone consultation. We look forward to reviewing your situation, discussing options, and answering any questions you may have.