Foreclosure Defense

The Law Firm of Militzok & Associates provides legal representation for individuals and companies that have been served with a foreclosure lawsuit. There are many circumstances where our attorneys may be able to defend your property rights and delay or prevent the bank from seizing your most precious asset, your home or commercial property. We review everything from the mortgage documents, the note, the bank disclosures, to the manner in which you were served, in order to create a specifically tailored plan for your defense. We evaluate each client’s individual circumstances to determine an effective plan of action. Property owners who need additional time to arrange a workout, refinancing, or a private sale, often benefit from fighting foreclosure.

No borrower or homeowner should endure foreclosure proceedings without the assistance of experienced attorneys. In addition, it is now illegal in Florida for anyone else except for an attorney to negotiate a loan modification with your Lender. If your bank is threatening to foreclose, or even if you’ve already had papers filed against you, it may not be too late to save your property. Homeowners have rights and unless they invoke such rights, they won’t be able to mount the best possible legal defense to save their home or property. Homeowners should also beware of lenders that continue to negotiate with a borrower while they also proceed with their foreclosure action. Many homeowners fail to defend against their lender’s foreclosure actions based on false representations and false hopes that their lenders will work with them.

Once you’ve been served with court papers, you have only a few days to fight back and stop your home from being sold out from under you. The longer you wait, the harder and more expensive your fight will be. That being said, even if your sale date is just days away, in some cases it is still possible to stop the sale and keep you in your home. Ultimately, we highly recommend you contact us as early as possible in the process.

In addition, many foreclosure defense law firms do not all of the necessary services and experience to completely defend your foreclosure. Since the Firm practices both in foreclosure defense, loan modification and bankruptcy, we can combine the three strategies to best achieve your objectives and keep you out of foreclosure for the longest possible period. Law Firms who only practice in one or two of these three areas are not able to fully provide you with the complete solution necessary to handle your case from beginning to end.

Contact us now if you were served with foreclosure papers or are expecting to receiving foreclosure papers so we can promptly assist you.

Mortgage Modification

Our attorneys are experienced in all aspects of mortgage modifications. We aggressively represent many clients who need mortgage modifications. We have been able to successfully procure various types of mortgage modifications for our clients including, but not limited to:

Reducing or modifying the interest rate
Extending the term of the loan
Reducing the principal balance and monthly payment
Changing the monthly payments
Combining any of the above

Our attorneys conduct a comprehensive consultation with you and assist our clients to demonstrate to lenders that their case is worthy of modification. Also, our attorneys and skilled staff will work with clients on gathering financial documentation from the client so that the most compelling case for modification is presented to the lender. Our attorneys also negotiate with lenders and strive to obtain the best possible modification for our clients. The process can take between 40-120 days to complete.

Beware of any non-attorney who claims they can assist you in modifying your mortgage. The Foreclosure Rescue Act, Section 501.1377, Florida Statutes, went into effect October 1, 2008 and imposed restrictions on non-lawyer loan modifiers offering to protect distressed homeowners. Only a lawyer licensed in Florida can modify your loan. Non-lawyers are prohibited from doing so.

In addition to mortgage modifications, our attorneys have negotiated repayment plans which spread out the past-due amounts over a specified period of time, and forbearance arrangements where lenders agree to reduce monthly payments for a short period of time during a temporary financial hardship. We have also facilitated short sale transactions for clients looking to sell their property. An important part of our approach to mortgage modifications is our ability to vigorously defend a foreclosure action on behalf of our clients while simultaneously seeking a loan modification or short sale approval. This component is extremely important as merely pursing a short sale or loan modification without defending a foreclosure that has been filed could leave a borrower in a compromising predicament.