Melbourne Florida Bankruptcy Attorney Saves Brevard Family's Home
Posted on Dec 17, 2010 2:49pm PST
A Melbourne Florida Bankruptcy Attorney at the Bowin Law Group helped to save a family's home on the eve of a foreclosure sale. The client scheduled a routine consult with Bowin Law Group to determine what options were available to modify his mortgage and save his family's home. The client was aware that a foreclosure summons had been filed against him in Brevard County, Florida, but he was assured by the bank that he did not need to respond to the foreclosure action. The bank told the homeowner to ignore the foreclosure proceedings because the modification he was working on would "take care of the foreclosure." Acting on the bank's advice, the homeowner did not file anything with the court in the foreclosure case. Only after consulting with our Melbourne Foreclosure Attorney did the homeowner learn that his bank had deceived him. Despite the bank's assurances that he did not need to respond to the foreclosure complaint, the bank obtained a summary judgment against the homeowner and the home was scheduled for sale the following week. There was little time to act.
The Bowin Law Group immediately filed an emergency motion to vacate the summary judgment and to cancel the foreclosure sale. At the hearing, the Bowin Law Group argued that the judgment should be vacated because the homeowner was deceived into not responding to the foreclosure case. Indeed, the bank never sent notice of summary judgment hearing to the homeowner, which is required before the bank can obtain a foreclosure judgment. Based upon the homeowner's testimony, the Court vacated the summary judgment and cancelled the foreclosure sale. The homeowner now has the opportunity to attend a court ordered mediation to negotiate a modification of his mortgage.
Had the homeowner not scheduled a free consultation, the family would have been evicted from their home within the month. Sadly, most homeowners are not as lucky as this family. Too many homeowners are following the bank's advice and not responding to their foreclosure action in hopes of getting a modification, only to lose their home for failure to defend the foreclosure action. If you are a homeowner seeking a mortgage modification, please contact our office immediately. Regardless of what the bank representative tells you, if you don't defend the foreclosure action, the bank WILL take your home.
Call us for a free consultation at 321-821-7440