Since deficiency judgements in Florida lie heavily in the hands of the court, the right defense is key for getting the case dismissed or for reducing the amount which must be repaid. Aided by in-depth knowledge of foreclosure law, our Miami foreclosure attorneys can select the right defense for your case and protect your rights in court. Part of this involves determining that the lender even has the right to bring suit. There are some requirements which must be met for a deficiency judgement to be granted.
- The suit must take place within a year of the sale.
- The lender must have documented proof that the sale resulted in less than the balance owed.
- The lender must demonstrate that the home’s value did not exceed the loan balance at the time of the sale.
Being dealt a deficiency claim is not the end. If your lender has made a claim for deficiency judgement against you, our experts in deficiency judgement defense can work with you to craft a winning strategy. If you have questions about foreclosure or deficiency judgements, call the team at Graham Legal today for a free consultation.