Foreclosure Defense

Through a marketing agreement with MAC (The Money Advise Center), Eric Van De Ven has the authority to help struggling homeowners in the following areas. Loan Modification, Debt Settlement, and Foreclosure Defense.

Facing foreclosure is a daunting proposition. The fear of losing something, which in many cases, you have worked for your entire life, can be very disheartening and traumatic. It doesn't have to be that way.

Due to the downturn in the economy, there have been an overwhelming amount of foreclosures. Here is the foreclosure process for Florida:

Quick Facts

Judicial Foreclosure Available: Yes

Non-Judicial Foreclosure Available: No

Primary Security Instruments: Mortgage

Timeline: Typically 180 days

Right of Redemption: Yes

Deficiency Judgments Allowed: Yes

In Florida, all mortgages are foreclosed in equity. In a mortgage foreclosure action, the court severs, for separate trial, all counterclaims against the foreclosing lender. The foreclosure claim shall, if tried, be tried to the court without a jury.

The court order of foreclosure will specify how the foreclosure must take place, and the foreclosure must take place on those terms. Whenever a legal advertisement, publication, or notice relating to a foreclosure proceeding is required to be placed in a newspaper, it is the responsibility of the lender or their representative to place such advertisement, publication, or notice.

Equitable Right of Redemption ends at the foreclosure sale (or at another time specified by the courts, but this rarely happens). There is a period of time after the sale that "the court reviews the sale to ensure a fair price has been paid."  Basically, this period of time allows parties to object to the sale on the basis that proper procedures were not followed or collusion existed between the bidders, for example.  This period is usually 10 days, after which the Certificate of Sale is filed and title passes, if the sale is confirmed.  If the sale is not confirmed, another sale is ordered. 

(Reference F.S. Chapter 702)

The lender may sue to obtain a deficiency judgment in Florida.

In most instances, the homeowner walks away from the home he has worked so hard to obtain. Not knowing, that in many instances, he could have saved his home or obtained a livable monthly payment.

There are many tools available for the homeowner to obtain a successful loan modification, short sale, or other options which may allow the homeowner to stay in his home and rebuild his credit at the same time.

Magnum Inspections Inc, Eric Van De Ven, or MAC (The Money Advise Center), are not attorneys. Any advise given is not to be construed as "legal advise". Any legal advise should be obtained from a competent attorney.

Please call for further details.

 

Phone: (954) 340-6615

E-Mail: ev@magnuminspections.com

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