Real Estate Issues
Most of us buy and sell real estate once or twice, and maybe three times in a lifetime. There are so many documents to review and sign that we often don’t have the time to review them closely, and if we do, can’t quite understand what they’re all for. If something goes wrong during or after the transaction, you may have certain rights. If you have an attorney representing your interests from the beginning, you can ensure that your rights will be protected if the other party failed to disclose a leak or other defect, or if they decide to cancel at the last minute.
If you have fallen behind in your mortgage payments, you still have rights, and you certainly have options.
Get Foreclosure Help
- Have you been served with a Summons and Complaint to Foreclose your home?
- Has your mortgage lender or servicer been sending letters?
- Did you buy a house when the market was at its peak, and now it’s worth 30% less than you paid?
- Did you take out a Line of Credit or refinance when your house was worth $150,000 more than it is now, and decided to stop paying?
- Are you worried about getting thrown out of your house, about what will happen to your family, or whether your children can finish out the school year?
- Do you know that many homeowners don’t realize that their mortgage company is not the same company that financed their mortgage?
Who Owns Your Mortgage Note?
You may be confused about who now owns your note, because another company is “servicing” your loan. As you may have heard, before initiating the foreclosure lawsuit, the original lender must have properly “assigned” the note and mortgage to the company that is suing you. Some lender cannot produce documents to show that they are entitled to sue you. They also have to send a letter “accelerating” the mortgage.
Do you know that if you have been served with a summons, you have 20 days to file your response to the Complaint?
Without qualified legal representation, you may waive (lose) certain rights that can help you through this challenging time. As difficult as your situation may be, the law provides you with certain options, and you can obtain relief. You may qualify for a modification, or might benefit from a deed-in-lieu or short sale. But the lender can continue to pursue the foreclosure in the court system, and ultimately take your home away from you, while you are in modification negotiations or during the short sale process!
We know that foreclosure is an extremely stressful experiencer for you and your family. Don’t let your fears or stress prevent you from taking the right actions and precautions that are available to you.
The Law Offices of Andreas M. Kelly has helped many Florida homeowners resolve their situation after this financial crisis. Our goal is to inform you of your rights, and if necessary, represent you in Court. We can help you navigate through this process, and provide you with an opportunity to come out the other end of the tunnel, with limited pain and damage. Our job is to obtain enough time for you to try to modify your mortgage, and if the lender denies it, we will help you prepare and execute your best exit strategy.
If you need legal advice about a Real Estate transaction or about Foreclosure, sign up for a FREE CONSULTATION or call 305-592-1192 TODAY.
During your FREE CONSULTATION, you can expect that:
- All discussions are strictly confidential
- You will meet with Attorney Kelly personally
- Attorney Kelly will listen to your specific foreclosure situation, and review the documents that you have in your possession (your mortgage, note, foreclosure court pleadings and correspondence, etc.)
- Attorney Kelly will provide you with his analysis of your rights and obligations under the terms of the mortgage and under Florida law
- Attorney Kelly will describe the negative impact of not taking the right actions in court in a timely manner – you know the bank will eventually schedule your house for foreclosure auction, Attorney Kelly will explain the actual steps that the bank has to take before that happens, and approximately how long you can expect it to take, but he will also describe your options with respect to deficiency judgments, bankruptcy and ways to mitigate the damages.
- Attorney Kelly will explain the options that you have, which may include: negotiating a modification, short sale, deed-in-lieu, defending the lawsuit, counter-suing the lender for improper lending practices, possible third-party claim against a broker or other entity, and bankruptcy (to stop or “stay” the foreclosure lawsuit, and extinguish any deficiency judgment that may assess against you)
- You have no obligation to retain Attorney Kelly
If you retain Attorney Kelly to represent you in foreclosure defense, he will commit to the following:
- Give you a foreclosure “road map,” so that you know what he will be doing, how long you should expect it to take, and what results you should expect at the end
- Thoroughly review the documents that you provide to him
- Immediately request copies of any relevant documents not in your possession, and which are available from other persons or entities, such as the lender(s), loan servicer(s), mortgage broker(s)
- Quickly provide you with a legal analysis of your rights and obligations, and those of other parties, after reviewing the relevant documents
- Prepare and file pleadings on a timely basis with the court that is presiding over your case
- Periodically inform you as to the status of your case
- Coordinate with your realtor, or any other professional that may be assisting in the resolution of your situation
- Guarantee to provide the best legal services possible
Nothing in this website should be construed as legal advice, nor as establishing an attorney-client relationship.The hiring of a lawyer is an important decision that should not be made solely upon advertisements. Before you decide, ask us to send you free, written information about Andreas M. Kelly, P.A, and our firm.