Location: Ormond Beach, Florida | The Always Firm

Introduction

If you’re facing a private mortgage foreclosure in Florida, especially in Volusia or Flagler County, hiring a knowledgeable foreclosure defense attorney can make a substantial difference. Many homeowners believe that foreclosure is inevitable once they fall behind on payments. However, that is not always the case. With skilled legal representation, you can challenge the foreclosure, protect your rights, and potentially save your home or investment property.

Top Reasons to Defend a Private Mortgage Foreclosure with a Foreclosure Attorney in Florida

1. Uncovering Deficiencies in the Plaintiff’s Case

Florida foreclosure law demands strict compliance with evidentiary rules and proper documentation. Many private lenders fail to establish their standing to foreclose or provide adequate proof of default.

Case Law Support:
– Friedle v. Bank of New York Mellon, 226 So. 3d 976 (Fla. 4th DCA 2017) – The court held that the bank failed to prove standing at the inception of the case, resulting in a judgment reversal.

2. Asserting Valid Defenses and Counterclaims

Common defenses include lack of standing, improper notice of default, and fraud. An experienced foreclosure attorney can also assert counterclaims under Florida’s Unfair and Deceptive Trade Practices Act (FDUTPA).

Case Law Support:
– Haycook v. Ostman, 397 So. 3d 413 (Fla. 2d DCA 2021) – The appellate court reversed the foreclosure judgment because the plaintiff failed to prove compliance with the mortgage’s conditions precedent.

3. Delaying or Preventing Foreclosure to Negotiate Alternatives

Legal representation can buy time for loan modification, refinancing, or a short sale. Defending a lawsuit does not just delay the inevitable – it opens doors to possible resolutions.

Case Law Support:
– Knight v. GTE Federal Credit Union, 122 So. 3d 517 (Fla. 2d DCA 2013) – The court emphasized that defendants must be afforded a full and fair opportunity to present their defenses.

Florida Foreclosure Defense Timeline

-Pre-Suit Demand Letter Sent

-Summons and Complaint 

-Response Filed (20 days)

-Discovery Phase

-Motion Hearings

-Trial or Settlement- 1 year to 18 months after suit filed.

Top 5 Foreclosure Defenses in Florida

-Lack of Standing

-Failure to Provide Notice

-Fraud or Misrepresentation

-Statute of Limitations

-Loan Servicing Errors

Your Options During Foreclosure Defense

-Loan Modification

-Short Sale

-Deed in Lieu

-Bankruptcy

-Dismissal

Why Choose The Always Firm in Ormond Beach, Florida?

• Local Expertise: We understand Volusia and Flagler County courts.
• Aggressive Litigation: We challenge each element of the lender’s case.
• Client-Centered Approach: We prioritize your financial goals and peace of mind.
• Proven Results: We have successfully dismissed or resolved hundreds of foreclosure cases.

The Law Office of Andrew J. Pascale, P.A., successfully represents homeowners in foreclosure defense and real estate litigation, including partition actions. Contact Ormond Beach foreclosure defense lawyer Andrew J. Pascale at  877-667-1211 to learn how we can help protect your rights. This blog is for illustrative purposes only and does not constitute legal advice.