Attorney Satellite Beach, FL 32937 │Foreclosure Defense

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Attorney Satellite Beach, FL 32937 │Foreclosure Defense

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: 321.779.1211.


1360 South Patrick Dr.    •    Satellite Beach, Florida 32937    •    Telephone: 321.779.1211


I am not offering legal advice here.  Do not rely upon anything on this website for legal advice.  The law changes often and every case requires individual attention and analysis.

Foreclosure Defense–Start Early

If you want to keep your home, start early to defend your home from foreclosure.  If you have a financial hardship like you lost your job, or you have fewer hours at work, or medical problems, or any other reason you have a tough time making your mortgage payments, then you need to call your lender and start talking with them.  Some government programs (like HAMP) may allow you to make new payment arrangements that can save your home.  I recommend you call me when you realize you need professional help to solve the financial problems.

Foreclosure Defense–The Summons

If you fall far enough behind in your mortgage payments, normally your lender/servicer will file a foreclosure lawsuit and send a process server to hand you  court documents called a Complaint and Summons.  In most cases, you must respond to the lawsuit in writing and in court within twenty days. Seeking an attorney with experience in foreclosures will help you assert the appropriate legal defenses which may be waived forever if you do not assert them at the beginning of the lawsuit defense. Be careful of going it alone.

Foreclosure Defense–Discovery

During the foreclosure lawsuit, you will have an opportunity as the homeowner to learn more about the lender’s/servicer’s basis for bringing the lawsuit.  You want to be sure that the lender/servicer has all their paperwork in order and they had the right to bring the foreclosure action when they filed suit.  We can send them interrogatories, request to produce documents, request for admissions, and also take sworn statements under oath.  Often, the lender/servicer objects to discovery requests, and in some cases discovery disputes must be settled by the Court at a hearing.

Foreclosure Defense–Summary Judgment/Trial

After discovery has ended, the lender/servicer often tries to win the lawsuit by showing that the homeowner has no valid defense and not a single material fact remains in dispute.  In other cases, the lender/servicer sets the matter for trial, because factual issues have not been resolved. Some summary judgments take less than ten minutes in court.  Some lenders/services schedule trials for fifteen minutes. If you lose the entire case at summary judgment or at trial, then normally your home will be scheduled for a foreclosure sale and you will be forced out of your home. In many cases, you may have months or years before your case comes to summary judgment or trial. Keep seeking relief and saving your mortgage payments so that we can try to negotiate a settlement at any point before sale.

Foreclosure Sale–Deficiency Judgment

The court  usually sets a foreclosure sale date after you lose the entire case at summary judgment or a trial. The house normally will be sold at auction and you must move out of the home.  If the home sells for less than you owe on the mortgage, plus foreclosure attorney’s fees and costs, then the lender/servicer may seek a deficiency judgment against you, provided they do so within the time allowed by law.  Again, we can negotiate at any time and you also may file a bankruptcy, if necessary. If you really want to keep your home, it may be best to file the bankruptcy, in some cases, before the summary judgment hearing or the trial.  

In my legal practice, I find that prayer helps the most. Please call me if you have questions or need my help.  I answer my own telephone at 321.779.1211.  Free initial consultation.

Attorney Satellite Beach, FL 32937 │Foreclosure Defense


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