FORECLOSURE DEFENSE IN FLORIDA
Losing your house to foreclosure is a dangerous thought. It doesn’t matter if you’ve only had the house for a few months or if you’ve lived there for years. It doesn’t matter if you’ve just moved into the area and are settling in, enrolling your children in schools, and socializing with new neighbors, or if you’ve raised your family there and are still savoring the recollections of those who have left the home and those who have gone.
Florida is a state that allows for judicial foreclosure. As a result, a bank or homeowners’ association attempting to foreclose on a house must first obtain a judge’s approval. The case must be brought to the circuit court at the location of the property. All mortgage foreclosure proceedings in Florida must be handled in a court of equity, according to state law. Instead of relying solely on legal defenses, courts of equity are allowed to use equity principles (fairness). As a result, the judge can examine the bank’s actions that would make the foreclosure unjust.
The homeowner will have the option to present defenses and fight the foreclosure during the court procedure. The bank is represented by an attorney; you have the option to have one represent your interests and assist you in reaching a reasonable resolution.
