How can I contest a foreclosure?

On Behalf of | Sep 3, 2015 | Foreclosure |

Your pending foreclosure is a tenuous situation, and it is one that numerous Americans are experiencing. According to a report from RealtyTrac, there were 126,868 foreclosure filings in May of this year. That number reflects a 16 percent increase over last year’s numbers.

Fortunately, there are a few steps you can take to contest the foreclosure on your home. In some cases, a bank will try to illegally foreclose on your home. As CBS News points out, these proceedings often start because the bank claims that there is incomplete or backdated housing information. However, by law, these circumstances do not constitute taking a home.

There are several reasons you may want to try to contest the foreclosure, such as the following:

  •        The loan terms were grossly unreasonable.
  •        You are a military member and took out the loan before going on active duty, seeking help under the Servicemembers Civil Relief Act.
  •        The lender has not followed appropriate procedure, such as failing to send you a notice of your loan default.
  •        The reasoning the lender gives, such as you missing a certain number of payments, is wrong.

Florida is a judicial foreclosure state, which means that the bank or lender will have to file a lawsuit against the homeowner. This will give you the opportunity to contest the process, though the burden of proof is actually on the lender. The lender will likely bring large amounts of documentation to court. You will be able to tell a judge why you think the paperwork is wrong or present your own evidence supporting your argument.

A judge could either rule on the case based on paperwork or issue a continuation so either side may bring in more documentation. In the latter, situation, a trial or evidentiary hearing will be scheduled in which you can use live witnesses.

Contesting a foreclosure may be time-consuming, but it may be worth it to save your home. While this information may be useful, it should not be taken as legal advice.



FindLaw Network