The tide seems to be shifting in the Brevard County, FL foreclosure courts, with homeowners winning more and more cases and saving their homes. If you are in foreclosure in Brevard County, now more than ever you should speak with our Foreclosure Attorney in Melbourne Florida. Saving your home may depend on it.
For the bank to win its foreclosure case, it must first show the court that it sent a notice of default (sometimes called a Notice of Intent to Accelerate) to the homeowner prior to the foreclosure. The notice of default must contain certain language, usually specified in paragraph 22 of the mortgage. If the bank failed to send the notice before foreclosing, or sent the notice but failed to include the required language, the bank cannot win its foreclosure and the case must be dismissed.
Many foreclosure cases are being dismissed because the bank failed to include the proper language. Many of the notices fail to disclose the exact amount of the alleged mortgage default, which is a required disclosure under paragraph 22 of the mortgage. The notice often starts off with an exact figure, but then qualifies that amount by stating "plus any additional fees and charges that may become due in the next thirty days." This additional language makes it impossible for the homeowner to know exactly how much he/she needs to pay to cure the default. Thus, this notice is insufficient and is grounds for dismissing the foreclosure.
Banks also fail to inform the homeowners of their right to assert defenses in any foreclosure action filed by the bank. Instead, the banks' notices often tell the homeowner that the homeowner is required to file his/her own lawsuit to stop the bank from foreclosing. This not only misstates the notice required in paragraph 22 of the mortgage, but also misstates Florida Law.
If you are facing foreclosure in Melbourne, Palm Bay or anywhere else in Brevard County, search your records to see if your bank sent you a notice of default or notice of intent to accelerate. Whether you locate the notice of default or not, you should contact a foreclosure attorney immediately to review your case.
If you do not have an attorney, contact Bowin Law Group today to schedule a free consultation to discuss your case. Or, complete our
Free Case Evaluation and someone from our office will contact you to schedule an appointment.
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