Foreclosure Defense Lawyer

Foreclosure Defense Lawyer

If a foreclosure has been filed against you, the worse thing you can do is just walk away without a fight. Besides losing your home, the bank can sue you for the balance owed on your mortgage. Fortunately, an experienced litigating attorney can help you fight the banks.

Even if you are very behind on your mortgage, don't give up hope because there may be many viable defenses that may protect you. Furthermore, you have a RIGHT TO STAY IN YOUR HOME while the case is being fought, even though you are no longer making mortgage payment. Aggressively fighting a foreclosure will give you leverage if you are attempting to modify your loan. In some cases, you may be able to sue the banks money damages for violating federal and state laws!

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Here are just a few issues that an experienced attorney can explore:

* Did the bank violate any Federal or Florida Laws (Equal Credit Opportunity Act, Real Estate Settlement and Procedures Act, Fair Housing Act, Fair Debt Collection Practices Act, Racketeer Influence and Corrupt Organizations Act, Florida Unfair and Deceptive Trade Practices Act, etc.)

* Did the bank give proper

disclosures prior to closing?

* Did the bank violate any predatory lender laws?

* Does the bank actually hold the mortgage note?

* Can the bank produce or re-establish. the original note and mortgage?

* Did the bank fail to attach the necessary documents or obtain proper service?

* Are the mortgage terms

unreasonably favorable to the lender?

* Did the bank fail to follow HUD requirements for residential single-family mortgage lending?

* Did the bank violate any debt collection laws?

Another option that you can consider is filing a bankruptcy. The filing of a Bankruptcy will stop the foreclosure law suit in its tracks. When a bankruptcy petition is

filed, the foreclosure action is immediately stopped by the court's automatic stay. Filing a Chapter 13 Bankruptcy will allows you to keep your home (if homestead), reorganize your debts, and will put an immediate end to the looming foreclosure. Chapter 13 bankruptcies act like a "time out" for people in debt to allow for the restructuring of debt. Your attorney will create a payment plan schedule, that if approved by the Bankruptcy Judge, will allow you an opportunity to get your

mortgage caught up, and to pay off a portion of your debt during a three to five year period. Chapter 13 debtors can cram down the value of mortgages on properties other than on their principal residences, which allows for upside down rental and investment properties to have their loan balances reduced to their current value. A Chapter 13 bankruptcy may also help you strip a second mortgage on your primary residence.

Under a Chapter 7 bankruptcy, most debt is simply wiped out. Typical debt discharged by a Chapter 7 Bankruptcy are medical bills and credit card debt. A Chapter 7 Bankruptcy will discharge and wipe out any deficiency judgment caused by a foreclosure so you will owe the bank NOTHING. An experienced bankruptcy attorney will help you discharge the maximum debt while protecting your assets and will help you decide which type of bankruptcy best addresses your needs.

My name is Steve Bartlett and I am an experienced lawyer in the areas of bankruptcy and foreclosure defense. I also am a Board Certified Criminal Trial Attorney with almost 20 years of jury trial experience. I have built a career fighting on behalf of the underdog. Battling aggressive prosecutors has helped develop the skills necessary for fighting against powerful banks. The financial crisis of 2008 and the Great Recession was caused by the collapse of the

housing bubble and the greed of Wall Street. The banking industry spends millions each year on lobbyists in Washington and Tallahassee. You need someone who is not intimidated and is willing to fight for you against the powerful banking industry.

Less than 1% of the over 50,000 members of the Florida Bar have earned the title of Board Certified Criminal Defense Lawyer. Board certified attorneys possess special knowledge, skills and proficiency in

their area of practice. Certification is the highest level of recognition by the Florida Bar concerning the competency and knowledge of attorneys in the types of law for which it is approved by the Florida Supreme Court ." - Florida Bar

If you need an experienced and aggressive trial attorney to defend you in a foreclosure case, represent you in a bankruptcy proceedings, or to otherwise help you find a solution to your economic problems. We offer