Melbourne Foreclosure Defense Attorney

You do not have to lose your home due to foreclosure. Consult a Melbourne foreclosure defense lawyer at the Bowin Law Group to see how you can save your home from foreclosure and possibly recover money from your lender . By taking action immediately, your options are still open. The longer you wait, the greater the chance that you will lose your home. The Bowin Law Group offers low cost payment plans for foreclosure defense that your family can afford. In some cases, our fees will be paid by your lender . Contact the Bowin Law Group today to schedule a free consultation with a foreclosure defense lawyer to see how we can save your home and possibly put money back in your pocket.

Foreclosure Defense Lawyer in Melbourne, Florida

Many Floridians have found themselves behind on their mortgage payments, often at no fault of their own. Trapped by an adjustable rate mortgage or sub-prime loan, or laid off at work, many homeowners are left thinking the only option they have is to lose their home. If you are one of these people, it is important that you know you are not alone. In the first quarter of 2008, approximately 1 in every 97 Florida households received a foreclosure filing. In May of 2008, approximately 1,244 homes in Brevard County foreclosed. These statistics are saddening and show a true picture of what many homeowners throughout the Space Coast are facing.

With the Bowin Law Group on your side, you do not have to become another foreclosure statistic. We will zealously fight your foreclosure to keep you in your home. Sometimes, as discussed below, you may even be able to recover money from your lender . Contact the Bowin Law Group immediately to schedule a free consultation with a foreclosure defense attorney to see how we can help save your home and protect your family’s financial security.

Illegal Practices by Florida Lenders

At the Bowin Law Group, we know that some lenders may use fraudulent or illegal tactics to impose and collect fees from consumers. These same lenders often fail to follow required state and federal procedures in attempting to foreclose on people's homes. The Bowin Law Group has developed a foreclosure defense strategy to successfully defend foreclosures and to hold lenders accountable for their fraudulent and illegal tactics. In many cases, these lenders are forced to pay damages to the home owner and pay the home owner’s attorney fees.

If you are in negotiations with your bank regarding a modification of your mortgage, please read below. You may be in danger of losing your home. The Bowin Law Group has counseled countless homeowners who thought they were dealing with the bank in good faith to work out a modification, only to lose their home in foreclosure. Most of them share shockingly similar stories of how the bank assured them that a mortgage modification was imminent and that the bank would not foreclose on their home. Each of these homeowners found themselves in foreclosure. Some didn’t hire an attorney until it was too late. A typical scenario is as follows:

The homeowner contacts their bank before falling behind on their payment in an attempt to work out a mortgage modification. The bank then advises the homeowner that the bank cannot work with them until they miss some mortgage payments. After following the bank’s advice and missing a few payments, the homeowner contacts the bank to request the loan modification. The bank sends out paperwork for the homeowner to complete and return. The homeowner completes the paperwork and returns it to the bank. The bank advises the homeowner to continue missing payments because they are in the modification process. Nothing is ever finalized with the bank and the homeowner can never get any commitment from the bank. After a few months pass, the bank files a foreclosure action against the homeowner for missing the payments, even though it was the bank that instructed the homeowner to miss the payments in the first place. The bank then advises the homeowner not to respond to the foreclosure because they are in the “modification process”. Again taking the bank’s advice, the homeowner does not respond to the foreclosure action, expecting the bank to modify their mortgage. The bank then gets a default judgment against the homeowner for not responding to the foreclosure action. The bank can now schedule an auction on the home and remove the homeowner from their home…All because the homeowners followed the bank’s advice every step of the way.

If this story sounds similar to your interaction with your bank, or you are currently in the “modification process”, call our office immediately. Don’t rely on your bank’s word that they will modify your mortgage and not foreclose on your home. As good intentioned as the bank’s representative might be, you are at substantial risk of losing your home if you follow the representative’s advice. The bank WILL foreclose on your home if you miss payments, regardless of what the bank representative is telling you. Contact our office immediately and we will work on a modification of your mortgage and protect you from foreclosure.

The Bowin Law Group will protect you against the bank’s fraudulent tactics and fight to keep you in your home, even if you are behind on your mortgage payments. If you do not respond to the bank’s foreclosure action, the bank will get a judgment against you and have you removed from the home within months. If you hire the Bowin Law Group to fight your foreclosure, we may be able to keep you in your home payment free while we work out an affordable modification with your bank.

If you do not wish to keep your home, you still need to hire an attorney to prevent the bank from getting a foreclosure judgment. There are better ways to return the property to the bank that have less of an impact on your credit and that protect you from future actions by the bank. If you do nothing in your foreclosure action, the bank can take your home, sell it, and still sue you for any deficiency after the sale. For example:

Homeowner owes $200k on his home. Homeowner lets the bank foreclose on his home. The bank sells the home for $100k. Because Homeowner owed $200k on the loan and the bank only received $100k in the sale, the bank can sue Homeowner for the remaining $100k deficiency. The bank may garnish Homeowner’s wages, garnish Homeowner’s bank accounts, or assert liens against all of Homeowner’s property to recover the deficiency.

If you hire the Bowin Law Group to defend the foreclosure action, we will pursue alternatives that will eliminate your liability to the bank and prevent the bank from suing you for a deficiency. These alternatives include a short-sale of the property, in which the bank agrees to a sale of the property for less than you owe the bank and the bank waives your liability for the deficiency. Another option is to offer the bank a deed-in-lieu of foreclosure, in which you transfer the deed to the bank in exchange for the bank waiving your liability for the deficiency. Both options are far superior to just letting the property go and will cost you substantially less money in the end.

Loan Modification

Loan Modification is often the preferred option for those seeking to keep their home. Loan Modifications typically involve a reduction in the principal balance of your home loan, a reduction in the interest rate on your home loan or an extension of the time to repay your home loan. Lenders are often willing to modify your home loan because the cost of doing so is less than the cost of a contested foreclosure action. This is especially true if you have an experienced foreclosure defense attorney that is willing to fight the lender in court to protect your home.

At the Bowin Law Group, we will negotiate one or more of the following possible resolutions with your lender:

Interest rate reduction
Principal reduction
Deed in lieu of foreclosure (transfer your deed to the lender in exchange for a release of your payment obligations
Short sale (the lender agrees to a sale of the home for less than the amount you owe)

If you or your family is faced with a foreclosure, Contact the Bowin Law Group immediately for a free consultation with a foreclosure defense lawyer to see how we can help save your home.

At the Bowin Law Group, we understand the stress and emotions that are associated with being served with a summons in a foreclosure action. Although foreclosure can be a stressful process that is difficult to face, the worst thing to do is nothing. Without the help of an experienced foreclosure defense lawyer, you may lose your family's most valuable asset - your home. The Bowin Law Group understands that your home is more than just brick and mortar. Your home is where your kids are raised and your priceless memories are formed. The Bowin Law Group will fight zealously to protect your home.

A successful foreclosure defense may help you save your home, regain your financial footing and restore your peace of mind without the need to file a bankruptcy petition. However, in the event bankruptcy is necessary to protect your home, the Bowin Law Group has the experience necessary to guide you through the bankruptcy process and to obtain the best outcome possible for you and your family.

Avoid "foreclosure prevention" and "foreclosure recovery" scams.

If you think you have been the victim of a "foreclosure prevention" or "foreclosure recovery" scam, contact the Florida Attorney General's Office at 1-866-9-NO-SCAM (1-866-966-7226). Or, contact the Bowin Law Group and we will speak to the Attorney General's Office on your behalf.

If you hire anyone other than the Bowin Law Group to assist you in your foreclosure action, please make sure that person is licensed to practice law in the State of Florida, has experience in the area of foreclosure law and the fee quoted includes the defense of your case in court. Do not hire anyone who has not agreed to represent you in court. Contact the Bowin Law Group today to schedule a free consultation with a Melbourne foreclosure defense attorney.

Contact a Melbourne, FL foreclosure defense attorney today!