Foreclosure rates in South Florida, including Miami, Broward and Palm Beach, are amongst the highest in the nation. However, a shocking number of homeowners are unaware that they can fight back against the mortgage lenders. As a matter of fact, homeowners in Florida are quite lucky because it is a foreclosure judicial state. It means that banks are required, by law, to go through the court system when filing a foreclosure. All Florida homeowners should take advantage of the opportunity they are given to defend their rights.
What rights do Florida homeowners have?
At Graham Legal, we defend homeowner’s rights every single day, and have been doing it since foreclosures in South Florida started being filed in throngs. Many laws are set in place, both at the state and federal level, to protect homeowners. A couple of commonly used examples are The Truth in Lending Act and Predatory Lending practices.
In Florida, the homeowner has the right of proof. Meaning that the bank has to prove their case, and they have to show that they processed all their documents accurately. As highly experienced litigation attorneys, fighting in court for our clients is the backbone of our strategy.
Being harassed by the lender?
In addition to the defenses we use in court to stop the bank from taking away our clients’ home, banks need to be respectful towards the debtor. When our clients first come to us, we hear the same thing over and over again, that the lenders are harassing them via phone. Lenders typically say anything they can to make the homeowner feel ashamed and afraid. We make sure to put a stop to that treatment right away. Homeowners going through foreclosure are suffering through enough, and they don’t need to feel humiliated. No one deserves to be treated without regard for their personal situation, particularly when often times their are extenuating circumstances that prevent the homeowner from making timely mortgage payments.
At Graham Legal, we emphasize with the homeowner and will never excuse the poor treatment received by clients. We make sure to put an end to all harassment from the mortgage lender or their representatives.