Understanding and preventing foreclosure

On Behalf of | Jun 10, 2015 | Foreclosure |

There are countless circumstances under which Miami residents can find themselves confronted by serious financial difficulties and the unfortunate prospect of foreclosure. For many, being issued a foreclosure notice by a mortgage lender seems like a final decision. It is important to keep in mind, however, that there are instances where foreclosure can be avoided and/or proven to be unnecessary. The attorneys at Cuevas, Garcia & Torres, P.A., are committed to upholding the rights of homeowners by defending against foreclosure proceedings whenever possible.

Credit.com discusses major foreclosure factors and considerations, and explains that there are several options available to homeowners for defending against foreclosure proceedings. Presenting a substantive defense can suspend and/or terminate the foreclosure process in many cases, and involves challenging the terms of the mortgage in question. One common type of substantive defense is filing for bankruptcy. Filing for personal bankruptcy before a foreclosure is completed is often effective in halting the process, and can give you the needed time and opportunity to begin resuming mortgage payments.

When considering defenses against foreclosure proceedings, it is also worth noting that some mortgage lenders pursue foreclosure under incorrect or fraudulent pretenses. Mortgage and foreclosure fraud is a serious offense and can result in serious legal penalties for mortgage holders. It is also not unheard of for mistakes to be made in the processing of mortgage payments. Therefore, it may be possible to prove that you are not in default on your mortgage loan at all.

Effectively defending against foreclosure proceedings can depend upon a number of other factors, including incorrect filing procedures on the part of the mortgage lender. Learn more about foreclosure fraud and other foreclosure defenses by visiting our web page today.


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