Foreclosure is a judicial process where your mortgage company has your home sold at a judicial sale.  That means that they have the property sold on the courthouse steps.  

How much time do I have?

That said you still need to be vigilant to protect yourself from the foreclosure.  Foreclosure in Florida is relatively quick.  If you do not litigate the foreclosure a default can be entered against you and a judicial sale of your property set.  Once you have been served with papers you have 20 days to prepare a legal response.  This is often the time that you should consult with an attorney.  You have been served with a legal lawsuit which contains legal terms.  You must file a legal response and asset any defenses and counterclaims to the mortgage foreclosure you have.  If you do not asset your defenses you may waive and lose them under Florida law.

Can they throw me out of my house?

Absolutely!  When you give a mortgage company a mortgage on your property you are giving them the right to sell your property if you do not make payments.  Many people think that there home cannot be sold if they are behind on the payments...that is incorrect.  You must not delay in protecting your rights.  I have seen many clients who wait and then come in when it is to late.  There is hope though.  There are many methods under Florida law to try and defeat the foreclosure.  

What are my options:

1. You can try to negotiate a private payment plan with the bank or mortgage company.  These are often called forbearance or loan modification agreements.  As you research your options on the internet you will notice that there are many companies that make promises to stop a foreclosure.  They will tell you that they have some type of "specialized knowledge in negotiating foreclosure.  I will caution you to be very, very careful.  These companies cannot represent you in court and have no leverage to force or convince your mortgage company to settle with you.
   
   

2. You can try to litigate the foreclosure in the hope that the lender has made a legal mistake and the court will prevent the foreclosure.  A competent foreclosure defense attorney will be able to review your case and give you a legal opinion on your case.  If your foreclosure defense attorney has found that the lender has made a mistake you may be able to stop the foreclosure.  In certain extreme cases where the mortgage company has violated certain Federal laws your mortgage may even be cancelled and your interest returned to you.  Only a lawyer can advise you on this and you should not take "legal advice" from any foreclosure assistance company.
   

3. You may qualify for Federal or Public Assistance.  In some areas there are charitable foundations and Public agencies which help people in foreclosure.  If your loan is guaranteed by the Veterans Administration or F.N.M.A. you may qualify for workout programs.
   
   

4. You may be able to qualify for a court ordered workout program.  Under Chapter 13 of the bankruptcy code you can often pay the back payments in installments.  Do not be fooled by attorneys and paralegals who say that chapter 13 is not bankruptcy.  Chapter 13 is one of the codes under the Bankruptcy laws.  While Chapter 13 will affect your credit it will often allow you to save your home.
   

Do I need an Attorney to Represent Me?

Well America is a great country and in this great country you can always represent yourself.  Would I represent myself....not a chance.  Having the right attorney to advise you in the complex foreclosure process is very, very important.  

I have had many people ask me what is the difference between hiring an attorney and hiring one of the foreclosure assistance firms that they find on the internet.  I say to these people to ask the foreclosure assistance firm if they are going to fight for them in court....the answer is always no.  While these businesses may have "slick" websites and convincing sales people they cannot fight for you in court.  When your home is at risk to foreclosure you are in the fight of your life.  You will want an attorney by your side to fight for your rights.  

Also foreclosure attorneys charge as little as $1250 to $2500 to represent you in a simple foreclosure case.  In certain cases where the mortgage company has committed fraud or violated Federal law the attorney may take the case on a contingency fee.

To Contact Mr. Comparetto either call 727-328-7900 or email at ajc@comparettolawfirm.com