Can you legally prevent a Foreclosure?

Can you legally prevent a Foreclosure?

The law does provide avenues of recourse for homeowners which can either prevent or delay a pending foreclosure action. For anyone facing a foreclosure action, there are two legal ways to challenge a foreclosure in court:

• Technical defenses attack the legitimacy or legality of the foreclosure proceeding itself. An example of this would be a situation where a property owner was not given adequate notice of the default and proceedings. A valid technical defense will delay proceedings by forcing the lender to issue a new default notice and start the proceedings all over again. However, lenders can easily correct procedural errors, so technical defenses to foreclosure will not prevent a foreclosure.
• Substantive defenses are the best legal remedy the law provides to property holders which can stop a foreclosure. Substantive defenses are those which go to the terms of the mortgage itself. Here are some examples of substantive defenses to the foreclosure process:

1. If you are really not in default, and the debt and interest have been paid on time (according to the terms of the mortgage);
2. The mortgage holder committed fraud in obtaining the mortgage;
3. The property owner files for bankruptcy. A bankruptcy filed before the foreclosure sale will “stay” or temporarily stop a foreclosure; and
4. A property owner can stop a foreclosure process if he or she pays off the loan and all of the lender’s foreclosure expenses and costs.

If you have a legal reason to stop a foreclosure, you can file an objection to the sale with the court. While the applicable laws do vary from state to state, many states allow homeowners to file an objection before a foreclosure sales takes place and even after the sale up until the time when the court ratifies the sale. 

If your Florida home is facing foreclosure, contact the attorneys at the Infurna Law Firm for a free consultation.  Our friendly staff can answer all of your questions, and set up a time and date for you to meet with an attorney.