FORECLOSURE DEFENSE ATTORNEYS
Foreclosure defense refers to the legal strategies available to homeowners challenging a lender’s attempt to repossess a property due to missed mortgage payments. In Florida, foreclosure is a court-supervised process, and homeowners served with a foreclosure lawsuit must file a legal response within 20 days to preserve their rights — failing to respond can result in a default judgment allowing the lender to proceed with sale of the property. Defense options include loan workout restructuring, short sale negotiation, deed-in-lieu of foreclosure arrangements, and full litigation defense. Attorney Philip G. Dragonetti leads foreclosure defense representation at McFarland Gould Law Firm, serving homeowners across Pinellas, Hillsborough, and Pasco counties from six Tampa Bay office locations. Homeowners who are behind on payments or have been served with a foreclosure lawsuit should seek legal counsel immediately. Free initial consultations are available. Call 727-461-1111.
Attorney Philip G. Dragonetti leads foreclosure defense representation at McFarland Gould Law Firm. Call 727-461-1111 for a free consultation.
If you are behind on mortgage payments, threatened with foreclosure action or have already been served with a foreclosure lawsuit, CALL NOW. You may be eligible for a “workout” to restructure your payments, a short sale, provide a deed in lieu of foreclosure, or other options.
If you have already been served with a lawsuit for mortgage foreclosure, in order to preserve your legal rights to contest the lawsuit, you must file the appropriate response within a specified period of time which is usually twenty days.
Experienced attorney, Philip G. Dragonetti, will fight for your rights and assist you in working out the best possible resolution.
If you have already been served with a lawsuit for mortgage foreclosure, in order to preserve your legal rights to contest the lawsuit, you must file the appropriate response within a specified period of time which is usually twenty days.
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Frequently Asked Questions
What options do I have if I am facing foreclosure in Florida?
Homeowners facing foreclosure have several potential options, including loan modification, repayment plans, forbearance agreements, short sales, deeds in lieu of foreclosure, bankruptcy protection, and contesting the foreclosure in court. The right approach depends on your financial situation, the status of the foreclosure, and your goals. An attorney can help you understand and pursue the options available to you.
How long does the foreclosure process take in Florida?
Florida is a judicial foreclosure state, meaning lenders must file a lawsuit and obtain a court judgment before selling a home. The process typically takes anywhere from several months to more than a year depending on the complexity of the case and whether the homeowner actively contests the foreclosure. Engaging an attorney early can help you use the available time strategically.
What is a loan modification and can it stop a foreclosure?
A loan modification is a change to the terms of your mortgage, such as a reduction in interest rate, extension of the loan term, or deferral of overdue payments, intended to make your monthly payment more manageable. If approved, a modification can stop the foreclosure process. The application process can be complex, and lenders may deny or delay requests. An attorney can help you prepare a strong application and communicate with your lender.
Can I keep my home after receiving a foreclosure filing?
Receiving a foreclosure filing does not mean you will automatically lose your home. Homeowners have the right to respond to the lawsuit, raise defenses, and pursue alternatives during the process. Successfully negotiating a loan modification, demonstrating procedural defects in the lender’s case, or filing for bankruptcy protection can potentially allow you to keep your home or at least extend your time in the property.
What is a deficiency judgment and could I be held responsible after foreclosure?
A deficiency judgment is a court order requiring a borrower to pay the difference between what the home sold for at foreclosure sale and the remaining mortgage balance. In Florida, lenders have one year after the foreclosure sale to seek a deficiency judgment. However, certain circumstances, including negotiated agreements in a short sale or deed in lieu of foreclosure, can eliminate deficiency liability. An attorney can advise you on how to protect yourself.
What should I do if I have already been served with foreclosure papers?
If you have been served with a foreclosure lawsuit, you typically have 20 days to respond. An attorney can file a formal answer raising applicable defenses, negotiate with the lender on your behalf, challenge the validity of the loan documents or the lender’s standing to foreclose, and pursue alternatives such as loan modification or a short sale. Taking action early gives you the most options.
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STEP 3
REPRESENT
We go to battle for you. Our team of powerhouse attorneys will get to work and update you regularly on your case.
LOCATIONS
Main Office
1659 Achieva Way
Suite 128
Dunedin Florida 34698
Suite 128
Dunedin Florida 34698
St. Petersburg
260 1st Ave S
Saint Petersburg, FL
Wesley Chapel
28210 Paseo Dr
Suite 190
Wesley Chapel, FL
New Port Richey
6230 Lafayette St
New Port Richey, FL
South Tampa
1646 W Snow Ave
Tampa, FL
North Tampa
6944 W Linebaugh Ave
Suite 102
Tampa, FL
