Friday, November 17, 2017

Get To Know More About Florida Foreclosure Defense

By Daniel Ross


Foreclosure is a word used to mean the legal process in which one loses his property to a lender in the case that he is not able to repay a loan. Once the repayment has defaulted, the lender takes the property he had sold or the one that was used as the collateral or security for the loan. This is done so that the lender can recover the balance remaining. However, with Florida foreclosure defense, this might not happen as you will be protected from losing your property.

Many people have lost their properties and homes through the foreclosure process. The main reason as to why this has been happening is because, when one is unable to make the payment, he just ignores the situation and waits for a lender to take the step he thinks is appropriate for him.

Nevertheless, ignorance is a dangerous step to take when faced with such situations. Other people think that the process cannot be undertaken once there are delays. Nonetheless, resorting to an immediate action when faced with financial challenges limits the possibilities of losing the property.

Your defense can usually be based on the mistakes a lender may have committed. Some of such mistakes are for instance omissions of certain crucial information or clauses, misspellings, inappropriate timing in the issuance of notices, among others. You can defend your property on the basis of such simple mistakes. Lenders may as well use different companies as opposed to the one initially relied on in initiating the lending. This may as well form a basis for defending the loss of your property.

Crediting companies may, on the other hand, commit mistakes in their deductions. The money can even be deposited to an account of a different lender since a number of companies offer such services in the market. In the event that such information is retrieved, borrowers can rely on the details to indicate the mistake not being on their part hence they are acquitted of any liabilities. Again, when the company facilitating the process remains unable to reveal the necessary financial records, a borrower may utilize the weakness of their defense.

Other available mechanisms that may be relied on in defending against property loss include proving that the interest rate imposed by the lender or that charges on your mortgage violates the laws in your state or is far much above a recommended level. When determined that the charges and representations imposed are false, deceptive, or contravene the laws, your property is protected against any takeover by the lender.

Another method is challenging the truth of the lending law used by a lender in a court of law. This is because the act requires that a lender discloses all the charges that are going to be incorporated in the borrowing before signing the documents and paperwork. Some lenders fail to disclose every information in the fear that they will lose customers. If this is the case, you can defend yourself using these proofs.

Other defensive methods include failure of the lender to follow the laid up procedures for a foreclosure, failure to have ownership proof, having fake or invalid affidavits, false notarization of documents among others. You can also file bankruptcy case in a law court.




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