Property Liens or being faced with the threat of foreclosure can be traumatic and leave you feeling helpless. The fact is, you do have legal rights and options. Seeking the legal advice and representation of professional legal counsel will help you get a better grasp of your legal rights, options, and legal strategies that may provide you the best opportunity, for a successful outcome or acceptable resolution.
Property Liens: Property liens arise from a variety of different sources. A lien can be filed against real estate you own if a contractor or sub-contractor has provided labor and materials to your property and has not been paid. A lien may also arise from a legal judgment against you. The foreclosure of various liens against property you own is a complicated legal process, which may take several months to complete. You need an experience attorney to inform you of all of your options.
Foreclosure Defense: When a borrower has become what the lender deems as habitually delinquent in their mortgage payments, the lender may legally seek to foreclose on the home or property. The lender begins this process by be petitioning the court in a judicial foreclosure proceeding where the court will issue it's ruling and final judgment of a foreclosure legal claim. The mortgage documents are filed to evidence the underlying debt and terms of repayment, which is set forth in the note.
A complaint is filed in county or circuit court along with what is known as a lis pendens, which is a recorded document that provides public notice that the property is being foreclosed upon. After the court has ruled in favor of the lender, the property may then be sold as part of a publicly noticed sale or auction.
The foreclosure process generally takes approximately 150-180 days to effectuate an uncontested foreclosure, depending upon the court schedule. This process may often be delayed if the borrower chooses to contest the foreclosure action, seeks delays and adjournments of hearings, or files for bankruptcy.
The defendant, or borrower, has a specific period of time to respond to a foreclosure complaint (notice) which has been fired with the court. Typically this is 28 to 30 days. Failure to respond in the prescribed period of time may result in a foreclosure approval by default, in favor of the lender.
When the foreclosure is against a business property, it can be devastating for the company currently conducting business at the property location. We can represent your legal rights and interests in the foreclosure legal issues. When the property resident is the owner of the property, we may be able to assist you in negotiating an agreement with the lender to restructure the payment structure or develop an acceptable payment plan to get caught up. If the operating tenant is not the owner of the property, there may be legal standing to keep the property operational to continue to conduct business through the current leasing agreement.
If have questions or need to address legal issues relating to a property lean, foreclosure defense, or other real estate law needs, seek the legal advice and representation of an aggressive real property lean and foreclosure defense attorney. At Morris Law Firm, P.A., you will work with an experienced lawyer who is dedicated to protecting the legal rights of those in Cape Coral, Fort Myers, Naples, Bonita Springs, Punta Gorda, Port Charlotte, Immokalee, Labelle, Lee County, Collier County, Charlotte County, Hendry County, and throughout Southwest Florida.