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What Should Miami Homeowners Know About Foreclosure?

Posted by Aaron R. Resnick | Jan 20, 2014 | 0 Comments

Editor note: This article was published on January 20, 2014 and describes Florida housing, foreclosure, and short sale conditions as they stood at that time. Market data, lender and government programs, and court timelines referred to here have changed since publication. It is kept as a record of that period and is not a current statement of Florida law or market conditions.

As foreclosures continue to rise in Florida, many home owners are falling victim to Miami foreclosure lawyers who work for firms that do not provide results or companies that make unsubstantiated claims.

Before you hire a company or a lawyer who promises they can keep you in your home without having all of the facts of your situation, consider the following news.

As foreclosure rates continue to increase and the courts are clogged with a back log of cases, one Florida judge has finally had enough. Tired of two law firms that specialize in foreclosures missing court dates or sending in unprepared underlings, Judge Campell called the firms top lawyers in to her court room. The judge stated she was sick of seeing the same cases come back to court over and over again for hearings that were not productive because the lawyers were unprepared. Both law firms heads apologized and insisted they will do better. In addition, the judge has stated that the two firms will no longer be able to call in for hearings that do not require any evidence.

The state of Florida has begun to crack down on law firms who are making unsubstantiated claims to homeowners, insisting they can help save them from foreclosure. In fact, the state has sued several firms who were charging up front fees for loan modifications. Charging up front is against Florida statues, but many local homeowners are desperate and will try anything and are often unaware of the law. Florida homeowner's are particularly susceptible to falling for schemes by companies offering to save them from foreclosure because of the continued high rate of foreclosures in the state. As many homeowners are finding themselves unable to make their monthly mortgage payments, they are attracted to companies who promise to help them keep their home. In reality, that is not always the case.

If you are struggling to make payments, hiring a Miami foreclosure lawyer can help you protect your rights and your home. However, every case is different and keeping you home may not always be an options. An experienced Miami foreclosure lawyer will explain the different options available to you and which will result int the best out come for your situation. These options may include a short sale, a loan modification or deed-in-lieu. It is important that you approach the situation with a clear view of your finances and attempt to set aside emotional attachment you might have to your home. While there are several options available to homeowners before they should consider foreclosure, it is important to have a realistic view of what you can actually afford. The final decision is yours, a Miami foreclosure lawyer can only give you advice. You must decide what is best for your family.

Links:

Judge Calls Heads of 2 Foreclosure Firms on Carpet, Revokes Their Phone-Appearance Privilegesby Martha Neil, May 5th 2011

Florida Sues Three Foreclosure Rescue Firms, by Mark Huffman, May 2nd 2011

About the Author

Aaron R. Resnick
Aaron R. Resnick

Aaron Resnick, a graduate of Leadership Miami, is a leader in the Miami's legal and cultural arts...

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