Foreclosures

Foreclosures

foreclosure

When you hire the Law Office of Michael M. Raheb, P.A. to fight your foreclosure action, we approach your situation in a manner that is tailored to your specific needs.

During our consultations our objective to find out your personal goals regarding your property, then work for those goals accordingly.  Some of the questions to consider are:

1.  How much is owed on my mortgage and how much is my house truly worth in this housing economy?

By assessing your financial situation, we can better assess advantages or disadvantages of you potentially keeping your property.

2.  Is a loan modification the right option for me?

At the Law Office of Michael M. Raheb, P.A., we can also assist you in your efforts in modifying your home loan and ensuring that your American dream stays alive.

3.  Should I consider a short sale?

This may be an option to those who wish to dispose of the property with no further losses or threat of a deficiency judgment.

4.  What is a deficiency judgment and could this apply to me?

It is possible that once your property is foreclosed upon and sold by your lender, the mortgage company may seek a monetary judgment against you for the difference between the amount you owed on your mortgage and the amount the property was sold for after foreclosure.  At the  Law Office of Michael M. Raheb, P.A., we fight to prevent this scenario from happening to you.

The Foreclosure Process

The first step in the foreclosure suit process is for the mortgage company to attain proper service of the lawsuit upon you.  In most cases, it is essential that the suit be delivered to you personally.  However, under Florida Statute 48.031, it may be possible to obtain proper substitute service by serving a spouse, a person in charge of your sole-proprietary business, or delivering the papers to your private mailbox.  Specific conditions must apply for these exceptions to be effective, so don’t assume that service has been performed properly if you did not personally get served with the complaint.

The second part in this process begins when proper service has been achieved, and the legal aspect of your case begins in earnest.  At the Law Office of Michael M. Raheb, P.A., we will draft your Answer, Affirmative Defenses, and Demand for a Jury in response to your lender’s foreclosure action.  It is of the utmost importance to answer the foreclosure lawsuit in a timely and legally sufficient manner.  Failure to do so will result in a foreclosure – just the scenario your lender hopes for.  Make sure your answer is filed within twenty (20) days from the date of service of the suit.  Otherwise, a default judgment may be entered against you.  Don’t let this happen to you!

Also, we make discovery requests; such as Requests for Production, Interrogatories, and Requests for Admissions, which makes your lender’s legal battle much more difficult, expensive, and time consuming.  Through these actions we expand the amount of time you have in your home and offer incentive to your bank to properly deal with your case and concerns.  Finally, the attorneys at the Law Office of Michael M. Raheb, P.A. take pride in their outstanding record at foreclosure hearings.  All foreclosure cases eventually lead up to a hearing for summary judgment, or foreclosure on the property.  In most instances, your lender will attempt to achieve foreclosure on your property even when many issues in your case are still in dispute.  Due to our tireless preparation, extensive research, and court skills, the Law Office of Michael M. Raheb, P.A. has become a leader in preventing these types of foreclosures from going forward.

Resources

At the Law Office of Michael M. Raheb, P.A., we have all the necessary tools to conduct a throughout investigation of your situation.  Our office has access to perform extensive legal research, and we have the ability to conduct forensic research on your mortgage, which will investigate any potential Truth In Lending Act violations and/or RESPA violations committed by your lender.  Further, this research will discover if you are a candidate for rescission of your mortgage.  Let the Law Office of Michael M. Raheb, P.A. take advantage of these resources for you!

Why You Should Fight

Our goal is to prevent your lender from foreclosing upon your property, and to provide you with valuable time to continue living in your residence without paying your monthly mortgage.  Once a foreclosure action has started, all mortgage payments are to be stopped because the matter is now in a legal dispute.  Therefore, even if your property is eventually foreclosed upon, by hiring an attorney to fight for your rights you will have successfully delayed this action for a very substantial amount time that will have allowed you to find better financial footing, achieve a loan modification with the lender, or reached whatever personal goal you had hoped for in fighting your foreclosure.

The most effective way to beginning fighting your foreclosure is to contact the Law Office of Michael M. Raheb, P.A.