Herbert L. Allen, Jr., P.A., Attorney, offers legal services to Satellite Beach, Florida 32937 and Melbourne, Florida 32901.

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Florida Attorney Since 1990

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Florida Bar Mandatory Ethics Disclosure: “Prospective Clients May Not Obtain the Same or Similar Results”

R.G., CPA Colorado 2018

“Thank you so much, for all your patience and efforts in resolving this issue for my mom and dad’s estates.”

J.B., M.B., Florida 2018

“We can’t thank you enough for going above and beyond to help us with our situation. God bless you.”

J.M., J.M., Florida 2019

“We don’t have words to express how pleasing it is for us to have you working with us.”

 Herbert L. Allen, Jr., P.A. Attorney │ +Personal Legal Care+


Attorney in Christ

Let me explain the white Attorney in Christ seal. By faith alone I received eternal life as a free gift from Jesus Christ. I strive to glorify Herbert L. Allen, Jr., P.A.Him in all that I do, including my law practice. In my life, I fall short of that goal at times, but I press on. God does not discriminate against people because of their race, faith, age, gender or any other factor. He loves everyone and offers the free gift of salvation through His Son, Jesus Christ, God in the flesh. I enjoy praying with clients of like faith, and seeking God’s help in all that we do. Because God does not discriminate in His love, I do not discriminate in my legal practice. I answer my own telephone at 321.237.2869 and welcome your call. Construction Attorney │+Personal Legal Care+

32937│ Homeowner’s Guide to Florida Foreclosure

Attorney Herbert L. Allen, Jr., P.A. provides foreclosure defense serving clients in Satellite Beach, Florida 32937 and Indian Harbour Beach, Florida 32937.  Located at 1360 S. Patrick Drive in Satellite Beach, Florida 32937, Herbert L. Allen, Jr. provides personal legal counsel.  He answers his own telephone and you offers a free initial consultation.  Telephone: 321.237.2869.

Attorney Satellite Beach, FL 32937│ Homeowner’s Guide to Florida Foreclosure

Homeowner’s Guide to Foreclosure

I have listed a few items you should consider when your mortgage payments become a major burden and you start to stress over things.  In many cases, we can work out some plan that will help you cope with the financial crisis. Different facts call for careful legal analysis.  

1.  Open the Mail–Start Talking.  So many times, people do not want to open their mail, because it will only be bad news about their debts and their mortgage.  Many people pay their mortgage first, and then other bills second.  If you know you will be late on payments, contact your lender and let them know about your situation.

2.  Seek Legal Help Early. If you fall behind on payments, then think about obtaining government and legal assistance. The government has created programs like HAMP that Congress designed to help homeowner’s facing tough financial times. Learning about your legal options may bring help right away. It can make a big difference.  

3.  Consider a Short SaleIf you owe more on your house than it is worth, or if you are having profound trouble making payments, or both, then we should talk about all of your legal options, including a short sale. Sometimes you will need lender approval to have a short sale, because you will be selling the home for less than you owe the lender. Therefore, the lender has to approve the sale. It makes sense having an attorney help you through the short-sale process. As an attorney helping my clients with short sales, I take steps to eliminate any payments or promises to pay from the homeowner. I cannot promise that the lender will approve the short sale and I cannot promise that you will not have to pay something to make the deal happen. But, we can strive to protect your legal rights at every point.  Sometimes, a short sale will not work out.

4.  Consider Bankruptcy ReliefIf all of your debts are out of control, and you cannot make your monthly payments, then you should consider credit counseling. If credit counseling does not produce the desired results, and you simply do not have enough income because you lost your job or had other problems, then we should consider bankruptcy.  The bankruptcy code provides for liquidation and payment plans, and imposes a means test upon consumers to determine which type of bankruptcy the consumer may file. In many cases, I try to find a less drastic way to solve financial problems than bankruptcy, but it was designed to provide powerful relief in most instances.

5.  Do Not Just Walk Away from Your Home. In many instances, just walking away from your home limits your options.  You may be able to have a short sale, find a government program that works for you, or negotiate a settlement with your lender.  If you walk away, typically the lender will foreclose the loan, sell your home, and then may obtain a deficiency judgment against you for any money still owed to the lender after the sale. That judgment can be a real problem for you.  Call me and we can decide what may be best. Talk before you walk. 

6.  When Served with a Foreclosure Summons, Call an Attorney ImmediatelyYou only have a limited time to respond in writing and in court to a foreclosure lawsuit.  Therefore, I recommend you contact me immediately.  We need time to draft a response to the lawsuit after we meet to discuss your entire situation. It will also take time to analyze the foreclosure lawsuit and prepare your defenses.

7.  Keep Seeking ReliefJust because the lender/servicing agent filed a foreclosure action, you may still have time to negotiate with your lender to save your home. In many instances, saving your normal mortgage payments may give you leverage to make a sizable lump-sum payment as part of a deal to resolve the foreclosure issues.  Try another HAMP application, if appropriate, and be ready to submit all your paperwork more than once and update it as required.  The HAMP process can be very trying and tedious.  Do not give up.  

8.  Get Ready To LeaveIn the end, nothing may save your home from foreclosure.  In fact, it may be the best thing to let the home go, especially if you owe much more on it than it is worth.  In many instances, you will have plenty of notice regarding the time you must move out of the house. In Brevard County, many foreclosure lawsuits are measured in months and years, not just a few days as many people think.  If you have a summary judgment hearing or a trial, then you should know that you may have to move out of the home if you lose the summary judgment hearing or the trial.  A bankruptcy option may allow you to stay in your home, but even then, you may have to make payments.

In my law practice, prayer helps the most.  Call me and we can talk about your questions.  I answer my own telephone at 321.237.2869.  Free initial consultation.

Attorney Satellite Beach, FL 32937│ Homeowner’s Guide to Florida Foreclosure


Free Consultation

I answer my own telephone at 321.779.1211 and welcome your call. I do not provide legal advice during the free consultation, but we can discuss your concerns.

Herbert L. Allen, Jr., P.A.     Office: 1360 S. Patrick Dr., Suite 1A, Satellite Beach, FL 32937