Fort Lauderdale Foreclosure Lawyers

Find the right Foreclosure attorney in Fort Lauderdale, FL

Foreclosure Law in Florida

In Fort Lauderdale, Florida, foreclosure is a legal process through which an entity which has issued a mortgage takes possession and/or ownership of the property that secured the mortgage, because the person who took out the mortgage has consistently failed to make payments on it. The property in question is usually a house.

When consumers have to deal with foreclosure, it almost always involves a home. The bank will normally take possession of the house, and then sell it at auction, to try to cover the balance of the mortgage. Banks typically want sell the property quickly, for as much money as possible.

In every U.S. state, including Florida, a borrower has a right to a judicial sale of their foreclosed property. A judicial sale is simply an auction overseen by a court. The purpose of this is to make sure that the lender takes reasonable steps to sell the home for the highest possible price, and to ensure that the homeowner has an opportunity to bid on the house, if he or she is able. It is in everybody's interest for the bank to get the highest price possible for the house, even the borrower's. If the house fetches a higher price than what's left on the mortgage, the buyer can keep what's leftover. On the other hand, if it fetches less, the buyer might have to pay the deficiency.

In a large number of states, but not all of them, mortgages are a type of loan identified as a "non-recourse loan." While the regulations governing these loans are complex, it most basically means that, once the house is sold, and the sale price doesn't cover what the borrower owes, the lender can't go after the borrower for the remainder. They simply have to take the loss.

How to Possibly Avoid Foreclosure in Fort Lauderdale, Florida

It is absolutely imperative that you maintain a line of communication with your lender. Your can't expect your lender to accommodate your changed financial situation if they don't know about it. Ignoring the issue and hoping it will go away is the worst possible solution.

You should remember that the bank doesn't really want your house. They approved a mortgage hoping to make a profit from interest, and that's what they'd much rather do. They aren't in the business of buying and managing real estate. Therefore, banks will sometimes go to surprising lengths to accommodate your financial hardship, especially if it's temporary.

If your financial situation suddenly changes, your lender may be willing to change the terms of your loan, at least temporarily, allowing for lower monthly payments. If this means that they will be able to get some money from you, with default as the alternative, it can become an attractive option for everyone involved.

Some buyers in Florida, when none of the above options have worked, resort to a "short sale." This includes selling a house which is about to be foreclosed, typically for less than its market value. If the house sells for less than what's left on the mortgage, the homeowner is relieved of the duty to pay the balance. If you have decided that you have no hope of making your mortgage payments, and foreclosure seems inevitable anyway, this might be the way to go.

Can a Fort Lauderdale, Florida real estate attorney help?

If you are facing foreclosure in Fort Lauderdale, Florida, and want to do everything practicable to save your house, the assistance of a knowledgeable real estate lawyer might prove invaluable.

Talk to a Real Estate Law Attorney now!

Life in Fort Lauderdale

There are many exciting things to do in Fort Lauderdale. For starts, visitors can enjoy a day at the Lady Helen Fishing Charters, the Antique Car Museum, the Bonnet House Museum and Gardens, the Beachfront, Stranahan House, or the Hugh Taylor Birch State Park. For some great shopping and fine dining, Las Olas Boulevard is the place to go!

Fort Lauderdale has an approximate population of 165,521 people. The area is commonly known as it is a South Florida metropolitan area. Another reason for its popularity is its nickname--"the Venice of America." Fort Lauderdale gets its nickname because the city is filled with many intricate canal systems. This is so to compliment the major yatching center of the city, with 42,000 resident yachts and 100 marinas and boatyards.

There are many great law firms located in Fort Lauderdale. Primarily, there are many small to mid-size law firms located in the area. These firms house excellent attorneys who provide their clients with efficient and personalized legal services. For clients who require large, multinational law firm services, Miami is very near! Larger firms in Miami can serve those specific needs. All in all, Fort Lauderdale proves that there is more to Florida than Disney World and South Beach!

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