If you have been following Jacksonville Foreclosure trends over the past few years you may have noticed that Jacksonville Florida’s Foreclosure Court will see yet another change. The Duval County “Rocket Docket”, as many professionals in this area of law have dubbed the Court, will come to an end on June 30, 2011, with no return on the horizon. If you are behind on your monthly mortgage payments and fear foreclosure is imminent, you need to speak with an experienced Jacksonville Florida foreclosure defense professional who can assist you in the pre-foreclosure stages as well as after the bank has filed a case against you.
If Fannie Mae owns your loan or has invested in it, they should contact you to participate in Florida pre-foreclosure mediation. If they have already contacted you then time is ticking away. You do not and should not have to attend this mediation alone. A Florida pre-foreclosure mediation attorney can assist you in this process to determine whether the entity you are mediating with is, in fact, the proper party with the right to foreclose on your home.
The law requires banks to provide documentation to you demonstrating that the bank is the “owner” of the Note (loan debt) as well as the name of the entity that has “full settlement authority” to negotiate a settlement with you at mediation. A Florida pre-foreclosure mediation lawyer can investigate the matter and review documents on your behalf. Our attorneys can help you determine that the bank has the proper documents giving them the right to foreclose under Florida law before you negotiate any kind of settlement with them. In addition, we may be able to discover important defenses on your behalf or gross inconsistencies in how your payments were applied to your loan balance.
Frequently the "so-called" supporting documents the bank claims to have in their possession are missing or wholly inadequate to establish their right to foreclose on your home. Lenders and servicers will initiate foreclosure actions against you even when they do not have sufficient documentation, under Florida law, to support their cause of action. In many cases, banks submit paperwork, in anticipation of mediation, which is not in compliance with Florida law. A Florida pre-foreclosure mediation attorney can counsel and advise you as to your legal rights, potential problems with the bank’s case against you, and the available defenses to defend you from losing your home in a foreclosure.
The mediation process is an opportunity for the bank to qualify you for a potential loan modification. If you have already been down this road and the bank “did not receive your paperwork” or you were denied without explanation, a foreclosure defense lawyer can assist you in preserving important rights. Do not wait to contact a Florida pre-foreclosure defense attorney. Our job is to help you better understand your rights under Florida law. If you wait for the bank to help you out you may forego important rights and defenses available to you.
For over 50 years, the attorneys at Wood, Atter & Wolf have been On Your Side - At Your Side. Your rights as a homeowner matter and should be protected.