Stop Foreclosure and Solve Your Mortgage Problem
Are you behind on your house payments? Have you been served with a notice of foreclosure or received a mortgage foreclosure complaint? In Florida, foreclosure can happen quickly if you do not take action. But with prompt, experienced legal help, you may be able to stave off foreclosure and stay in your house while you solve the underlying mortgage problem.
The attorneys of Stamatakis + Thalji + Bonanno offer proven results in foreclosure defense. Our aggressive and strategic representation has enabled hundreds of homeowners in the Tampa area and throughout Florida to save their homes. We are confident we can help you, too.
You Must Act Quickly to Challenge Foreclosure and Save Your Home
If you fail to respond to the mortgage complaint within 20 days, your rights begin to slip away. Contact us today for a free initial consultation and prompt action on your behalf.
Tampa Foreclosure Defense Attorneys
The prospect of losing your home can feel paralyzing and hopeless. Our experienced lawyers will analyze your situation to determine your options for fighting foreclosure and help you make informed decisions. Challenging foreclosure buys you precious time to pursue alternatives:
- Time to negotiate a payment workout with your lender
- Time to catch up on the arrears and reinstate your mortgage
- Time to sell your home for fair market value
- Time to arrange a short sale or deed in lieu of foreclosure
- Time to qualify for a loan modification
- Time to recover from a financial hardship and get back on track
- Time to file for bankruptcy
A Chapter 13 bankruptcy stops foreclosure and lets you pay off the mortgage arrears over several years. Bankruptcy is not always the answer, but it provides many additional benefits to homeowners who are deep in debt.
We Know How to Stop Foreclosure and Fight the Lenders
The debtors' law team at Stamatakis + Thalji + Bonanno is familiar with the affirmative defenses to foreclosure. Our legal compliance analysis in the loan, collections, default and foreclosure process has provided grounds to keep banks and mortgage companies at bay for months or even years. We have successfully asserted predatory lending practices, modification scams, violations of truth in lending laws, unfair debt collection practices and other statutory defenses to foreclosure.
There is a very short time to respond if you have received a notice of foreclosure or mortgage foreclosure complaint. In as little as 20 days, the foreclosure process is set in motion and any delay will limit your options and make the situation worse. In addition to losing your housing, foreclosure can have consequences for your credit worthiness, employment prospects and income taxes.
A Foreclosure Timeline: Act Today to Stop the Ticking Clock
Below, is a brief outline of the time frames in which you can expect the foreclosure lawsuit to proceed:
- Days 1 to 20: Complaint is filed and served on the borrower.
- Days 20 to 30: Borrower's answer to the complaint is due. Borrower will be defaulted for not responding in writing to the complaint. It is absolutely imperative that you act before the court enters a default. Do not ignore the complaint.
- Days 90 to 120: Judgment hearing. The judge will grant the lender a foreclosure judgment and set a sale date, usually 30 days out.
- Days 120 to 150: Foreclosure sale and eviction. The home or property will be sold to the highest bidder at a public auction. A bankruptcy must be filed prior to the foreclosure sale, or the home or real estate will be lost forever!
Foreclosure rates continue to increase in Florida, but lenders are not always correct in the numerous avenues of legal compliance that they must abide by for each and every single real estate closing. Florida is a judicial foreclosure state, which means that a civil action must be commenced in order to foreclose upon a delinquent loan. The lender will file a lawsuit against the delinquent borrower and seek to involuntarily force the sale of the borrower's home or real estate at a public auction to the highest bidder present on that day. The proceeds of the sale will be delivered to the lender to pay all remaining amounts owed on the delinquent mortgage. If there are no bids at the foreclosure sale, the lender will be permitted to take title to the property or home, at which time the lender will attempt to sell the home or real estate on the open market to recover its mortgage debt.
Focused Experience in Foreclosure Defense
Scott Stamatakis has been lead attorney in more than 5,000 foreclosures and consumer bankruptcies. Sami Thalji is a proven trial lawyer and former prosecutor with a record of success in consumer claims, including predatory lending lawsuits. Our entire legal team is focused on mortgage, debt and tax solutions for individuals and small business.
See our frequently asked questions page for more information about foreclosure and bankruptcy. To discuss your specific circumstances and all the ways Stamatakis + Thalji + Bonanno can help, call us at 866-479-6946 or contact us online.