KNOW YOUR LEGAL RIGHTS. IF YOU OWN A HOME IN FLORIDA AND ARE FACED WITH LOSING YOUR HOME DUE TO FORECLOSURE BY THE BANK OR MORTGAGE COMPANY, CALL CARMEN LUBBECKE, P.A. FOR A FREE CONSULTATION.

I am are experienced in real estate matters and mortgage foreclosure defense.  I know what needs to be done to help clients stay in their homes.  Most homeowners facing foreclosure are unsure of their legal rights and no nothing or very little regarding the foreclosure process.  The banks and mortgage companies have lawyers who count on the homeowners lack of knowledge and use it to their advantage.

Most homeowners simply walk away from their homes never knowing that they have rights important legal rights.  As a homeowner you have the right to fight your foreclosure case. Just because you are behind in payments doesn’t mean that the lender has a right to foreclose or that you have to give up and walk away from your home. You have the right to raise legitimate defenses, which may also buy you time to raise money or negotiate more preferable terms with the lender. 

To succeed in court, Lenders must prove their case, the same way you would in any other type of court case. You have the right to obtain copies of the evidence that the lender is using against.  This help to show the strengths and weaknesses lenders case. You have the right to discover whether the lender really owns your loan and whether they hold the note, whether the amount of money the lender is seeking is the correct amount owed by you and whether all payments you have made have been correctly credited to your account.  You have the right to discover whether all the additional costs fees and penalties charged by the lender are legitimate.

There are lots of defenses that can be raised when defending a mortgage foreclosure suit including:

• A lost note
• Bad chain of title
• Violation of laws regulating the Lender
• The Lender engaging in predatory lending practices.
• Lack of evidence
• Unethical debt collection
• Mistakes in the lending process or paperwork