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Florida Bankruptcy Lawyer > Miami Bankruptcy Lawyer > Miami Foreclosure Defense Lawyer

Miami Foreclosure Defense Lawyer

Foreclosure Defense Attorney Assisting Clients in Miami, Florida

Struggling with debt of any type is extremely difficult, but the possibility of losing your home to foreclosure can be especially devastating. Many Floridians have trouble making monthly mortgage payments, but it is possible to save your home with the help of an experienced Miami foreclosure defense lawyer. However, the longer you wait to work on a foreclosure defense strategy, the more difficult it can be to save your family’s house. The dedicated team at Nowack & Olson, PLLC have years of experience helping Floridians with foreclosure defense, and we can get started on your case today.

What is Foreclosure in Miami, Florida?

Florida frequently makes the list of states with the highest number of foreclosures in the country. For example, in June 2018, RealtyTrac listed Miami-Dade County as having a foreclosure rate of 1 in every 951 properties. That number is on the very high end of foreclosure rates in Florida, and especially high when compared with foreclosure rates in counties nationwide.

What is foreclosure? This refers to a legal process through which a bank repossesses a home for which there is a mortgage. Banks typically begin the foreclosure process when a homeowner falls behind on mortgage payments. Typically, the homeowner will receive late notices from the mortgage servicer and will have an opportunity to pay a late fee and to catch up. However, after even just two consecutive missed mortgage payments, the bank may be able to begin the foreclosure process.

Florida is a judicial foreclosure state, which means that the bank (or another lender) must actually go to court and file a lawsuit.

Understanding How the Florida Fair Foreclosure Act Impacts Homeowners in Miami

If you are currently behind on your mortgage payments, it is important to learn more about the Florida Fair Foreclosure Act as you consider your options for saving your home. This law made some significant changes to Florida foreclosure law. Most immediately, the law expedited the foreclosure process to get foreclosures through the system more quickly. As such, homeowners now have less time to seek a mortgage modification or a forbearance from the lender.

The law also means that, if you are behind on your mortgage payments and need assistance, or if you receive notice of foreclosure, it is essential to speak with a Miami foreclosure defense lawyer as soon as possible.

How Chapter 13 Bankruptcy Can Help Miami Homeowners

One of the best ways to stop a foreclosure and to keep your home is to file for Chapter 13 bankruptcy. When a debtor files for bankruptcy, the foreclosure process cannot move forward and the lender cannot continue to try to collect payments owed. Then, in addition, with a Chapter 13 bankruptcy the debtor can reorganize debts—including mortgage debt—and can get back on track with mortgage payments.

A Miami Foreclosure Defense Lawyer Can Help

If you need help avoiding foreclosure, an aggressive Miami foreclosure defense lawyer can assist you with your case. Contact Nowack & Olson, PLLC to learn more about the options available to stop a foreclosure and keep your home.

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