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Foreclosures

South Florida Foreclosure Defense and Options

The prospect of losing your home to foreclosure because of loss of employment, personal or family illness, debt burdens, or other circumstances is stressful and unsettling. The South Florida Law Office of Tania Sayegh Bartolini, P.A., will help you understand your options, how to protect your rights, and arrive at a solution that may not result in foreclosure. Ms. Bartonlini has more than a decade experience working for banks during and after the mid-decade financial crisis, and understands the foreclosure defenses and the legal options that are available.

Whether you have received notice of a pending foreclosure lawsuit or you expect a lawsuit to be filed against you, depending on your financial circumstances and whether you want to stay in the property, we advise you on the ways to resolve your financial crisis.

Deed in Lieu

A deed in lieu of foreclosure enables a homeowner to deed or grant the lender full property rights to their home in the exchange for removing any remaining debts. We can negotiate and record a deed in lieu on your behalf.

Short Sale

The Law Office of Tania Sayegh Bartolini, P.A., can negotiate short sale offers to ensure that you receive a fair deal. A short sale means that you sell your home for an amount less than what is owed on the mortgage. We can negotiate with your lender to grant you a short sale and limit, or eliminate, your liability for the difference between the amount owed on the mortgage and the sale price. We also can assist you with the closing.

Loan Modification

A loan modification can be the difference between owning a home and foreclosure. We can help you complete the loan modification paperwork. The paperwork is part of the process for reaching an agreement with your lender to change the original terms of your mortgage, such as the payment amount, loan length, or the interest rate. Factors that affect this include your credit, income, expense to income ratio, and other financial considerations. We help you clarify your financial information and complete the paperwork to help you qualify for a modification that may make your monthly payments more affordable.

Foreclosure Defense

If you are facing serious mortgage payment problems, are now paying a mortgage amount that is higher than the actual property value, and you do not see a way to resolve your financial crisis, you need help. We may mount an effective defense by uncovering issues with the mortgage, such as:

  • The foreclosure filing is based on false or inaccurate information.
  • The lender failed to follow state law when filing for foreclosure.
  • The mortgage holder is not legally entitled to file the foreclosure action.
  • You have no personal knowledge of information in the affidavits in support of the foreclosure lawsuit.
  • The notary public who stamped the mortgage documents failed to follow state regulations.
  • There are errors or gaps in the chain of title for the mortgage.
  • Laws and regulations that prescribe the process for recording or assigning your mortgage were violated.
  • The original lender’s lending practices were fraudulent, predatory, or unfair.

Under federal law, a servicer generally cannot start the foreclosure process until your loan is more than 120 days past due. There can be exceptions depending on your forbearance or loss mitigation program.

We will work for you to possibly put the foreclosure lawsuit on hold so that you are not incurring additional attorney fees while we resolve legal issues that may affect the outcome.

Corona Virus Hardship

For many federally or government-sponsored enterprise (GSE) loans, including Fannie Mae, Freddie Mac, FHA, the VA, and the USDA, your lender or loan servicer may not foreclose on you until at least December 31, 2020. Specifically, the Coronavirus Aid Relief and Economic Security (CARES) Act prohibits those lenders and servicers from beginning a judicial or non-judicial foreclosure against you, or from finalizing a foreclosure judgment or sale.

If you experience financial hardship due to the coronavirus pandemic, you have a right to request and obtain a forbearance for up to 180 days. You also have the right to request and obtain an extension for up to another 180 days (for a total of up to 360 days). You must contact your loan servicer to request this forbearance. There will be no additional fees, penalties or additional interest (beyond scheduled amounts) added to your account. You do not need to submit additional documentation to qualify other than your claim to have a pandemic-related financial hardship.

Bankruptcy

Another option to prevent foreclosure is to file for bankruptcy. Depending on your financial and employment circumstances, there are several types of bankruptcy filings that can be considered. We will refer you to several attorneys who specialize in assisting clients through the bankruptcy process.

Preparing to Meet Us

The Law Office of Tania Sayegh Bartolini, P.A., respects your time and believes that preparation, transparency, and complete information are the best defenses against foreclosure. Prior to meeting with us, please assemble the following financial information:

  • The original mortgage documents and the payoff amount, if you have it.
  • A copy of the foreclosure lawsuit, if it has been filed.
  • Your most current three years’ personal and business tax returns.
  • Your most current business financial statements.
  • W-2s and 1099 statements.
  • Your credit score from Credit Karma or a credit service.
  • Proof of residency, such as homesteaded property tax statements.
  • Lease agreements with tenants.
  • Proof of expenses, including utility bills, educational expenses, food and dining expenses, and vehicle payments.

Bring this information with you to the first meeting so that we have a complete understanding of your financial picture and, if a lawsuit has been filed, the case against you.

How Much Time?

Whatever course of action you decide, each one will take time to resolve. Factors such as how busy bank personnel are to review your information, the completeness of your application for a loan modification, housing market conditions, or the form of the foreclosure lawsuit will determine the length of time to resolve your foreclosure issue.

Schedule your appointment today.  Call us at (954) 603-1865 or contact us online.

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  • Fort Lauderdale Office
    3511 West Commercial Blvd
    Suite 304
    Fort Lauderdale, Florida 33309
    Phone: 954-368-4050
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