Foreclosure Defense Law
Foreclosure Defense Attorneys in Pembroke Pines and Sunny Isles Beach,FL
The Foreclosure Nightmare – It was NOT your fault!
Our national recession has created one of the worst housing crises in our nation, which continues to destroy the American Dream of home ownership for many. These circumstances have destroyed our jobs, pensions, savings, and other investments and income that most people rely on. The Foreclosure Nightmare is created.
The nightmare continues as the banks take our homes while we make tough choices between paying for our food, medicine, utility bills, gasoline, education for our children, and retirement.
The nightmare worsens, as you try to contact your lenders to get a “loan modification” or to find some other solution, only to find out that the process is very complicated with an overwhelming amount of paperwork. Even if one sends in the mountain of paperwork, it often gets lost in the bureaucracy and the application is denied without any reason or clear explanation.
Even when homeowners are lost in the maze of debt problems searching for solutions and loan modifications, the bank’s lawyers continue to push through the foreclosure to take away your home, which is not only one of the greatest financial assets of your family and your shelter, but also the greatest source of stability. There is a reason a home is often referred to as “the American Dream.”
The nightmare gets worse. Even though the bank takes your house away, the law will often allow lenders to sue for a “deficiency.” This basically means the lender can sue you for the difference between the amount of money the lender obtained by selling your house and the amount of money you owed. For example, let’s say you owed the bank $200,000, and the bank sold your house for $50,000. The bank can still get a “deficiency judgment” against you and recover $150,000 from you, plus attorney’s fees and costs — a judgement that can be collectible for many years.
To add insult to injury, the banks can file a “1099” form with the IRS, to make you pay tax on the amount of the deficiency.
After getting a deficiency judgment, the banks can take whatever assets you have (or can get in the future), like your car, checking accounts, and savings accounts. They can garnish your wages, and destroy your credit in the process. In the meantime, the harassing phone calls and letters never stop.
Unfortunately, many people don’t understand that the financial crisis was actually caused by circumstances that were beyond their control. They blame themselves and feel like they are “bad people” that somehow “deserve” to be in this situation. They think there’s nothing they can do about it and give up on their dreams and hopes for the future.
Don’t let the debts of the past destroy your dreams for the future!
The Florida Foreclosure Defense Team
If you’re looking for a law firm that has extensive experience with foreclosure defense litigation in Florida, you’ve come to the right place. We have handled hundreds of foreclosure defense cases, which have allowed us to develop effective, up-to-date strategies against foreclosures, often giving you the valuable time you need to implement other solutions.
Yes, I underlined the words “other solutions” as we believe the foreclosure defense is only one of many strategies that are available to you. You may have heard of stories of cases where lawyers have utilized such foreclosure defenses that have resulted in eliminating the mortgage debt altogether.
Is it possible for you to get a free house in Florida? Yes!
The reality is that, while some of these stories are true, it is not very common. Of course, we analyze every case and implement strategies to achieve this result wherever possible. However, foreclosure defense litigation is also used as a strategy to help negotiate other solutions, such as a favorable loan modification or forbearance agreement, which will save your home in cases where it is not possible to eliminate the mortgage debt altogether. (See our page about Loan Modification and Other Foreclosure Avoidance Options).
Nationwide Foreclosure Defense Team
Whether in Florida or in another state, every case must have carefully developed legal strategies to avoid the loss of your home to foreclosure. We have teamed up with top law firms throughout the nation that share our vision of providing the best legal services possible in our practice area. While your home may be in a different state, the legal strategy stays the same — avoiding foreclosure while finding alternative solutions.
We distinguish ourselves by doing more than just the “foreclosure defense” of each case. We meet with every client to learn about their overall financial situation in a private, confidential consultation to analyze your circumstances and develop a special, customized strategy to resolve all of your financial problems. Then, we utilize our expert foreclosure defense strategies as a part of a greater plan to achieve the results you want, so you can get back to what’s important to you.
Finding Solutions To Avoid Foreclosure
If you’ve already been looking for answers to avoid foreclosure by talking to people and researching these issues, you probably understand that these debt problems and possible solutions are very complicated. Your research may leave you with more questions than answers.
The reason you may have more questions than answers is because these complicated debt problems have no easy solution. Instead, it involves a multitude and variation of strategies to achieve the best possible result for you. This is where an experienced, knowledgeable and caring Attorney can help you.
The right Attorney has the experience and technical knowledge to help you solve your problems. Most importantly, he is the one who actually takes the time to LISTEN to you and review the circumstances of your case to understand your objectives. Every case is different and every client has different needs.
After understanding your objectives and analyzing your case, the right Attorney can draw upon his knowledge, experience and expertise to navigate through the many options available to you and find the right strategy to achieve your goals. Finally, the right Attorney will carry out your plan in the most effective way possible, so you can get back to what’s important to you.
FINAL TIPS – My personal message to you as a struggling homeowner:
To help you with your search in finding the right solution, I hope you will allow me to provide you with a few, final suggestions.
If you have been sued for foreclosure, it is important that you have an experienced attorney review your case as soon as possible. By not filing important paperwork in your defense, you may give up valuable legal rights and foreclosures can be completed in as little as 1 to 6 months in Florida.
You should also be aware that you don’t have to wait until a foreclosure case is filed against you to consult with an attorney! Even if a foreclosure has not been filed, you may be faced with the decision of utilizing your children’s education funds or your lifetime savings or retirement accounts when you have lost some or all of the income upon which you depend to pay your mortgage. Many people often know there’s going to a problem before it happens. This is actually the best time to get legal advice! Together, we can formulate a plan and strategy BEFORE the situation develops into a problem.
Finally, I would like to express my “condolences” to you and your family, as you are faced with these difficult economic hardships. The banks don’t care or understand how important your home is to you and your family, but I do and I know I can help you.
If you’re reading this message, you’ve already taken the first steps to finding the right solution. As an Attorney that takes pride in helping many homeowners in your situation, I know which clients can survive better than others within the first 10 minutes of our conversation. Those clients who recognize the problems they are experiencing (or about to experience), and take the time to carefully research solutions and find the right experts, are my best clients. I would be honored to have you consider me as your Attorney and I hope you’ll contact me as soon as you can.
Whatever your decision, I wish you well and Godspeed.
Sergio Cabanas, Attorney-at-Law
Please call our office for your personal appointment at 954-447-2580