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Talk About a Hot Summer! Neustein Law Group was on Fire, Wins Six Foreclosure Appeals Across State of Florida

September 6, 2016Foreclosure, Litigationforeclosure, Litigation, Victoriesadmin

Neustein Law Group, PA prevailed in six separate foreclosure appeals across the State of Florida this summer.

In Stoltz v. Aurora Loan Services, LLC, the Second District Court of Appeal ruled that Neustein Law Group successfully challenged the bank’s right to bring the foreclosure action, which resulted in a dismissal. In that case, Neustien Law Group successfully argued that Aurora Loan Services, LLC did not prove that they had the right to foreclose.

In HSBC Bank USA v. Magua, Neustein Law Group challenged a final judgment of this 2007 foreclosure case based on Hearsay evidence and lack of Standing. After Neustein Law Group filed its initial brief attacking the bank’s right to foreclose and the evidence used at trial, the bank filed a confession of error, resulting in another win for the homeowners.

The Fourth District Court of Appeal affirmed two more victories by Neustein Law Group against Deutsche Bank National Trust Company, as Trustee for Harborview Mortgage Loan Trust Mortgage Loan Pass-Through Certificates, Series 2007-5 v. Preddie and Deutsche Bank Trust Company Americas as Trustee RALI2006-QS6 v. Page.

The Fourth District Court of Appeal also reversed in part Lasala v. Nationstar Mortgage, LLC, due to the bank’s failure to prove the amount owed. In that case, Neustein Law Group successfully argued that the bank failed to prove the amount of damages sought in the Final Judgment. The case was remanded back to the trial court.

In 575 Adams, LLC v. Wells Fargo Bank, Neustein Law Group represents a non-borrower who was wrongfully denied his right to conduct discovery and take the deposition of the bank’s trial witness. The Third District Court of Appeal quashed the lower court’s order granting the bank’s Motion for Protective Order. This case affirmed that a property owner has the legal right to aggressively defend a foreclosure action even if he or she is not the original Borrower.

The attorneys and staff at the Neustein Law Group, PA have been defending foreclosures longer than most any other firm in the State of Florida. Led by Frederick Neustein, Esq. and Nicole Moskowitz, Esq., Neustein Law Group, PA is a boutique commercial litigation firm headquartered in Aventura, Florida in Miami-Dade County and has several convenient satellite offices located twenty minutes from wherever you are in Miami-Dade County, Ft. Lauderdale/Broward County, Boca Raton, West Palm Beach, Palm Beach County, and throughout the state of Florida. Their direct phone number is 305-531-2545 or (888)400-ATTY. Website is www.Stopforeclosurelawyer.com

Nicole Moskowitz, Esq

Frederick A Neustein, Esq

Student Loan Debt and Bankruptcy | A Miami Bankruptcy Attorney Weighs in

March 5, 2014Bankruptcyadmin

Can Bankruptcy Cover Student Loans?

Student loans are NOT generally covered by Bankruptcy. There may be other alternatives that can relieve this debt though, as explained by a Miami-Dade bankruptcy attorney.

With the ongoing economic struggles our country is facing, many college graduates are left to wonder how they will ever pay off their debt. It is even worse for those who can’t find jobs. This leads a lot of people to search for ways to get out from under hefty student loans. A Miami-Dade County bankruptcy attorney can offer guidance as to your next steps.

Is Bankruptcy the Way to Get Rid of My Student Loan?

One way that debt can be relieved is through bankruptcy, something that some college students consider. Bankruptcy, however, may not be the answer, as it does not generally discharge student loans.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 prevents federal and private student loans from being discharged in bankruptcy. Yet there are a couple of ways that you may get through this situation.

One is through automatic stay, also known as temporary relief. Even if your student loan can’t be discharged, if you do file bankruptcy all attempts on collection are temporarily stopped.

During this time, you may be able to work out something with the lender, or you could try and find a way to catch up on what you owe. At the very least it gives you a little time to find a solution instead of being bombarded with lender and collection calls.

Another way you may be able to deal with your student loan is to apply for a discharge based on undue hardship. While it is not easy to obtain this discharge, it may be beneficial to speak with a lawyer about the possibility.

An undue hardship goes beyond having temporary financial problems. There are considerations that come into play such as whether or not you have at least made an effort to pay on your loan. Failing to notify your lender of your financial difficulties and choosing not to make payments will not look favorable.

Undue hardship also considers whether your financial status is unlikely to change. If you have a 5 year loan and it is found that nothing will change during that time, it may be considered a hardship.

Another consideration is whether you will be able to maintain a minimal standard of living in your current financial situation if you must also pay down your loan. There may be other factors that are also looked at when determining undue hardship.

Other Alternatives with Your Student Loan Debt

There may be other alternatives that can help with your student loan. One is a student loan cancellation where extreme circumstances such as a disability or death may allow forgiveness of your debt.

Another is consolidation. If you have several loans, consolidating them into one can potentially lower your monthly payment. Or you may ask for a temporary deferment on your loan payments, without receiving a penalty, if you are unemployed.

When you feel saddled down by debt, it can cause a significant amount of stress and worry. Not knowing what options are available can make the situation worse for you and your family, which is why it would be in your best interest to consult with a Miami bankruptcy attorney.

If you have student loan debt, contact the team of bankruptcy attorneys at The Neustein Law Group, P.A. We serve residents of the Miami-Dade County, Broward County, Palm Beach County, and other areas throughout the State of Florida. We may be able to help you fight for a discharge of your student loan or find other ways to relieve your financial struggles. No matter what type of debt you have, we can help you determine if bankruptcy is right for you. Contact us today – 305-531-2545 (Direct) or 888-400-ATTY (2889) (Toll Free).

Florida Governor Rick Scott Fast Tracks Foreclosures

February 26, 2014Foreclosureadmin

One Way House.jpg The State of Florida is second in the nation in foreclosures, creating a backlog of hundreds of thousands of foreclosure cases across the state. In an effort to flush these cases from the court system, Governor Rick Scott recently signed into law House Bill 87, The Florida Fair Foreclosure Act, which fast tracks residential foreclosures by allowing banks to foreclose on homeowners more quickly. The bill was widely disputed by consumer advocates who claim it is extremely biased against Florida homeowners who wish to save their homes as it gives the Courts the ability to award a judgment to the banks solely upon the bank proving itself to be the owner of the subject note and mortgage. The law, which has been translated into statute, became effective June 7, 2013. Florida homeowners who default on their mortgages need to be aware of the change to the law, as it greatly affects the protocol in defending the foreclosure case. Understanding the new law and securing an experienced foreclosure attorney to represent them in the defense of the foreclosure as soon as they are served is the key to saving their homes.

Florida Statute §702.10 (2) states in part that, “If, upon examination of the complaint, the court finds that the complaint is verified and alleges a cause of action to foreclose on real property, the court shall promptly issue an order directed to the defendant to show cause why a final judgment of foreclosure should not be entered.” This puts the onus on homeowners to file “defenses by a motion or by a verified or sworn answer at or before the hearing to show cause constitutes cause for the court not to enter the attached final judgment.” The Court can set the show cause hearing as few as 20 days from the date of the order. “If the defendant fails to appear at the hearing to show cause or fails to file defenses by a motion or by a verified or sworn answer or files an answer not contesting the foreclosure, the defendant may be considered to have waived the right to a hearing and in such case the court may enter a final judgment of foreclosure ordering the clerk of the court to conduct a foreclosure sale.” A foreclosure sale may be set in as few as 30 days from the final judgment, leaving Florida families on the streets in as little as 2 months.

The law also has a controversial element with regard to the finality of final judgments of foreclosure. The new law creates Florida Statute §702.036, which prohibits the Court from returning a foreclosed property to a Defendant who seeks to invalidate a judgment in a property which has been sold and where title has been exchanged to a third party buyer. Now the Court may only grant monetary damages in cases where the party was properly served, final judgment was entered, appeals were either not resolved and/or have been resolved and where title was given to a third party not affiliated with the foreclosing lender or the foreclosed owner. This provision which limits a homeowner’s right to relief from a judgment, may prove to be unlawful in the end, but has yet to go on appeal.

Florida foreclosure defense attorneys, Frederick Neustein and Charles Neustein of Neustein Law Group, P.A. will continue to fight to help save Floridian’s homes. “The banks have lobbyists, but they aren’t present in the courtroom. We will continue to aggressively defend all foreclosure cases and continue to fight for our clients and their homes in a court of law. We have been successful and are optimistic to continue to build upon our excellent track record.”

The team of foreclosure lawyers at The Neustein Law Group, P.A., serves residents of the Miami-Dade County, Broward County, Palm Beach County and throughout the State of Florida when they have been struggling financially and are looking to save their homes. To learn more about your rights and how you can protect your home, contact us today – 561-235-0700 (Boca Raton Office), 561-232-3788 (West Palm Beach Office), 305-531-2545 (Miami Beach Headquarters) or 888-400-ATTY (2889) (Toll Free).

My Homeowners’ Association just served me with a foreclosure suit. Can I really lose my home?

February 26, 2014Associations, Foreclosureadmin

It happens to the best of us, when times get tough, we prioritize which bill to pay with what’s left of our paycheck and try to put off what we can for the next pay cycle. The problem is we may not realize that some bills just will not wait.

Did you know that failing to pay your condominium or homeowners’ association dues could land you in foreclosure lawsuit? It is true.

Just like the bank, your association can foreclose on your house, townhouse or condo for falling behind on your payments. The association can place a lien on your property upon your account becoming delinquent. Once a lien is filed, the association can file a foreclosure suit against you in either county or circuit court, depending on the amount they are claiming you owe them. And, just like the bank, the association can take your home away from you, if you fail to act.

Condo and homeowner association attorneys are known to move quickly to foreclose on properties. Unlike the bank, the association does not have thousands upon thousands of cases. Every homeowner who fails to pay their dues causes a very direct impact to the community. Maintenance to common areas, such as community gyms, pools, parking lots, landscaping / lawn maintenance, etc., are contingent on the association’s ability to pay for the upkeep. A nicely kept neighborhood can lose curb appeal quickly when homeowners fail to pay. Not having your monthly payment, makes a notable impression on the community, so associations are eager to begin collecting assessments as soon as possible.

Also, attorneys for the associations know that they can accrue attorneys’ fees by working on your case for which you, the property owner, will be ultimately responsible. Racking up attorneys fees, costs, interest, late fees and other penalties, your few missed payments can increase exponentially once the foreclosure suit is filed against you. And they will only continue to amass, if you do not act immediately.

Moreover, these foreclosure actions are much harder to defend than those filed by the banks. A standard uniform residential mortgage has several defenses built right into the ~20-page mortgage document. Your condominium documents do not afford you with nearly as many defenses. If your property is being rented, the association can move the Court to collect rent from your tenant while the case is being litigated. The cases move to summary judgment much more quickly and once that is obtained your home can be sold at auction in 30 days. Time is of the essence when dealing with any legal action, but this cannot be stressed enough when it comes to association foreclosures.

Defenses are limited in association cases, but they do exist. You have rights, but you won’t know what they are until you speak with an experienced foreclosure attorney.

Consulting with a lawyer as soon as possible may help you save your home from foreclosure. A qualified attorney can give you information about your options and can help you make the right decision as to how you will contend with the association foreclosure. Whether that means defending the association lawsuit in Court or assisting you in negotiating a payment plan, having the right counselor can get you back on track and help you stay in your home.

Neustein Law Group, P.A. can help you with your condo or homeowners’ association foreclosure case. With offices in Miami-Dade, Broward, Palm Beach and throughout the State of Florida, meeting with an experienced professional is just minutes away from your home or office. The attorneys at Neustein Law Group, P.A. can help you defend your association foreclosure and negotiate a payment plan so that you can stay in your home.
Contact us today – 305-531-2545 (Direct) or 888-400-ATTY (2889) (Toll Free).

Debt Forgiveness Qualifications as explained by a Miami Bankruptcy Attorney

March 30, 2013Uncategorizedadmin

Will Debt forgiveness encourage borrowers to stop paying Florida loans that are current? If so, this could lead to serious consequences.

With various types of debt forgiveness programs available, it may leave you wondering if it will only encourage those who are current on their loans to stop paying. While it can certainly lead to that, it wouldn’t be wise for a borrower to do so as there may be consequences to this.

One of which is that they could still end up paying, especially if the entire debt isn’t cancelled. There may be other factors that will influence someone’s decision to go this route, so before you stop paying, speak with a bankruptcy attorney in Miami.

Overview of the Mortgage Forgiveness Debt Relief Act

Under this act, a homeowner’s mortgage debt may be reduced. In most cases it also allows for income from the debt that is discharged on their principal residence to be excluded.

However, this act doesn’t always mean wiping out the mortgage. It could also mean forgiving in the way of foreclosure. Therefore, an owner could end up losing their home. It’s important to realize that debt which is forgiven isn’t always taxable. There are some situations where it may not be and will impact the homeowner.

Some examples of non-taxable “cancellation of debt income”:

• non-recourse loans (where the only way to deal with the default is using the property as collateral or repossessing it);
• qualified principal residence indebtedness (which applies to most homeowners), with some exceptions and limitations;
• certain types of farm debt;
• bankruptcy; and
• insolvency.

Not everyone qualifies for the Mortgage Forgiveness Debt Relief Act, so the idea of stopping payments on a current loan in hopes of using this as a way out is a risky decision. In addition, it may come with a whole new set of problems.

Other Types of Debt Forgiveness

There are other types of loan forgiveness that may be available. Student loan debt can sometimes be forgiven. Again, there may be certain qualifications that must be met. So to just stop making payments isn’t a good idea.

One of the things that many individuals don’t realize is that debt forgiveness doesn’t always mean the entire loan is cancelled. There are different amounts forgiven depending on the particulars of your case.

In addition, those who stop making payments on their loan are at risk of being in default, therefore, they may not qualify for debt forgiveness. Even the recent introduction of the Student Loan Forgiveness Act of 2012, isn’t designed to completely erase all debt. It doesn’t mean that students can stop making payments.

The idea behind this act is to allow for a point in time in which eventually payments on a loan stop. It will still require that payments equal to 10% of the borrower’s discretionary income be made for 10 years. It is the remaining debt that will be forgiven.

Unfortunately, too many individuals look at debt forgiveness as a way out, so they stop paying their loans. But this can actually prevent your debt from being cancelled. Then you are in a deeper financial hole than you began with.

Bankruptcy is a serious decision to make. But it may be your only way out if you are buried in debt. Stopping payments on loans is never a good idea. However, there may be other options available.

Main Ingredients in a Loan Modification Financial Hardship Letter

March 15, 2013Uncategorizedadmin

Financial hardship letters are a way to ask a lender for help with a loan modification. A Miami-Dade County foreclosure attorney further explains this process.

Financial hardship letters are a way to explain why you are having difficulty with paying your mortgage. Before you attempt to work with your lender on finding a solution to your problem, which may include a loan modification, you will need to provide a letter of explanation, which is something a qualified foreclosure lawyer can help you with.

What Circumstances Might Necessitate a Financial Hardship Letter?

There are certain circumstances that may require you to seek help from your lender including:

• unexpected loss of income or additional expenses due to the death of a family member;
• loss of a job (due to a situation that was out of your control);
• lapse in payment for extended benefits (such as Worker’s Compensation, unemployment, or short-term disability/long-term disability);
• hours of employment reduced (not by choice);
• elimination of overtime
• not being paid while out of work for medical reasons; and
• other extenuating circumstances.

Ingredients of a Financial Hardship Letter

There are certain ingredients that should be included in your letter to make it effective. Start the letter by explaining why you are writing it. You should include what financial hardship is present and necessitated the letter.

Do not just say, “I’m out of work.” It could be assumed you are out of work because you quit. Be specific. “The company I have worked at for the last 20 years downsized and as a result they let go the department in which I worked.”

In addition to stating what your financial hardship is, clearly explain what you are looking for. If you would like the lender to do a loan modification, say that.

You should also include what monthly payment you can afford. You certainly do not want to ask for a ridiculously low number, but at the same time you have to be honest about what you can truly afford.

The tone of your letter is important. You do not want to sound like a robot, so make it personal, yet professional. The letter should not drone on and on. State the basics of your situation, but include enough detail so the lender fully understands your current position.

Most importantly, be honest. Do not exaggerate or lie about your situation, as they are likely to discover the truth eventually. If you actually quit your job, this will be discovered.

It is also important to be grateful. This is not the time to vent about the astronomically high interest rate you have been paying, or how the mortgage companies are only out for themselves. You are asking for their help, so express gratefulness for their willingness to at least consider a loan modification.

End the letter by thanking them for the time they have taken to read it and for their consideration. Remember that you are asking them to do something for you, so you should remain respectful.

We often can’t predict when we are going to suddenly be hit with a financial hardship. The loss of a job or spouse, or an unexpected medical bill can change everything in a moment. As a result, you may face the prospect of losing your home.

If you would like to learn more about your rights, contact a foreclosure attorney at The Neustein Law Group, P.A. We serve residents of Miami-Dade County, Broward County, and Palm Beach County, and as well as other counties throughout Florida. Whether you are at risk of defaulting on your mortgage loan or facing a foreclosure, we may be able to help. Contact us today at 305-531-2545 (Direct) or 888-400-ATTY (2889) (Toll Free).

The Pros and Cons of Renting a Foreclosed Home in Florida

March 1, 2013Uncategorizedadmin

There are risks involved when renting a home in foreclosure; however, as a renter you may have rights, which a Florida real estate attorney can explain to you.

With the mortgage crisis leading to foreclosures, it is important to realize that homeowners and investors are not the only ones affected. Renters face risks, too, but a Florida real estate attorney can help protect your rights.

Renting a Home That Is in Foreclosure

An obvious con to renting a home that is in foreclosure is that you could suddenly be without a place to live, even if you have always been current on your rental payment. Unfortunately, that matters little when the house you have been occupying is suddenly up for sale.

Meanwhile, you will still be expected to pay rent to the owner if you have a rental agreement with them. This can be an even bigger sting when they did not bother to forewarn you of the impending foreclosure.

Some tenants are given very little time to find a new place, pack up, and move. It can be quite a shock to learn that they have 30 days to do all of this. The real kicker is that in many cases, there is not much legal protection for tenants who find themselves in this situation. They seem to be at the mercy of the foreclosure. It is difficult to contend with a lender who has asked you to leave. They may even threaten to damage your credit report or slap a lawsuit on you.

Renters include those in single homes, apartments, and other types of residences. Even if you are renting a condo, a condo association foreclosure can still result in you being asked to leave.

However, the Pro to being a renter in a foreclosure is that you just might have rights of which you were not aware. Some cities have laws that allow evictions from a foreclosed home to be stopped. An attorney can help determine if this applies to you.

The other pro is that some lenders are more than willing to work with a renter and will give them adequate time to find a new place and move out. It will just depends on who you are working with. It may also depend on whether or not you secure legal representation to help you.

Not all foreclosures will result in a renter being forced out. Sometimes in the midst of the process, a new owner will come on the scene.

The Protecting Tenants at Foreclosure Act of 2009 is a Federal law passed by President Obama can help prevent the loss of a lease on a property that is in foreclosure. It also allows the tenant more time to work things out and find a new place to live.

A renter may be able to stay until their lease is up, or if they are on a month-to-month lease they are usually given 90 days to leave, which is longer than the 30 days most renters are subject to when evicted on a basis other than foreclosure. This is a protection of which not all tenants are aware.

The flip side is that if the new owner intends to occupy the residence, they may be able to terminate your lease with a 90 day notice. So even if you still have a year left, you may end up having to move out within 90 days.

Contacting a Florida Real Estate Attorney

The housing crisis clearly impacts homeowners, but it may impact renters as well. If you would like to learn more about your rights as a tenant, the attorneys at The Neustein Law Group, P.A. may be able to help. Our law firm serves residents of Miami-Dade County, Broward County, and Palm Beach County, as well as surrounding counties throughout the State of Florida. To learn more about how a foreclosure may impact you as a renter, contact us today -305-531-2545 (Direct) or 888-400-ATTY (2889) (Toll Free).

How the Servicemembers Civil Relief Act Can Help Veterans Avoid Foreclosure in Florida

February 15, 2013Uncategorizedadmin

The Servicemembers Civil Relief Act may help veterans avoid foreclosure. It applies during active military service and can protect your South Florida home. The Servicemembers Civil Relief Act (SCRA) can provide protection in a number of ways for those who are:

• entering the military;
• called to active duty; or
• deployed.

This protection applies to certain civil obligations, which may be delayed or stopped, depending on the circumstances. The point of this Federal Act is to relieve service members of the worries and stress that accompany many of these civil obligations. One of them applies to homes that are in danger of being foreclosed.

Mortgage obligations that existed prior to enlistment or active duty are protected under SCRA, those in the:

• Air Force;
• Coast Guard;
• Army;
• Marines; and
• Navy.

Mortgage Relief through a Reduced Interest Rate

You may be able to find mortgage relief through a reduction in your interest rate. Your interest rate must be lowered to at least 6% per year during your time of active military service.

Payments will be readjusted according to the new lower interest rate. It can be done with government-insured and conventional mortgages. It’s important to understand that this reduction of the interest rate won’t happen automatically. It is up to you to send in a written request to your lender. You should also send a copy of your military orders.

You should send this request as soon as possible, preferably once you have been given orders. It cannot be sent any later than 180 days after your release date from the military service.

The foreclosure process can be a complex one. You should not only know how much time you have to request a lowered interest rate but you should also be prepared for the possibility of it being denied.

This doesn’t happen often but if your mortgage lender doesn’t find that your service in the military has impacted your ability to pay the current mortgage, they may try to fight it.

In some cases, you may need to turn to a Florida foreclosure lawyer for help.

When a Reduced Interest Rate Isn’t Enough to Provide Mortgage Relief

There is the possibility that even with a lowered rate, you still can’t make your mortgage payments and are at risk of foreclosure. While your lender is under no obligation to do so, they may try and work with you.

It could even lead to your principal payment being temporarily suspended, also known as a forbearance. However, you would be expected to eventually pay it, once you have completed active duty service.

There may also be other programs available that can help provide mortgage relief. Your lender should be able to discuss these options with you.

Protection from Foreclosure

The good news is that service members don’t have to worry about their home being foreclosed on as long as they are on active duty for 9 months, prior to Dec. 31, 2012. The only way around this is through court approval.

The grace period reverts back 3 months after Dec. 31, 2012. If there is a court proceeding, your mortgage lender would have to demonstrate that your ability to pay was not impacted by your service in the military.

Contacting a Florida Foreclosure Lawyer

As a veteran, your time in the service may have helped prevent your home from being foreclosed. However, there is the possibility that your lender could try to deny your protection.

The “Robo-Signing” Scandal: How It May Affect You in South Florida

January 30, 2013Uncategorizedadmin

The robo-signing scandal led to thousands of false affidavits being signed. This could affect your lender’s ability to foreclose on your South Florida home.

You may be facing the loss of your home and wondering if there is any recourse you can take. There may be if your home is affected by the robo-signing scandal. You should consult with a Palm Beach County foreclosure attorney to find out if it could stop your mortgage foreclosure.

An Understanding of the Robo-Signing Scandal

Robo-signing is the process of a bank signing off on papers without verifying important information. The employee of the bank or servicing company blindly signs thousands of documents without reviewing any of the details. In the area of mortgage foreclosures, it may forestall a foreclosure from occurring since these thousands of robo-signed documents are illegitimate.

The foreclosure process can be very complicated and may depend on where you live. In most states, the lender will have to prove that they own the mortgage because the owner has defaulted on the loan. Sometimes this requires the lender going to court.

In any event, the lender will need to provide evidence of a mortgage loan default. One piece of evidence that is used is an affidavit, which is a written sworn statement / documentation that is generally signed by a bank employee under oath.

However, the assumption is that the bank employee didn’t just sign it without first reviewing all of the documents. They must believe that the owner truly has defaulted and the lender now owns the mortgage. If this is not proven, the bank or servicer should not sign the papers. Otherwise it might result in a false foreclosure.

This is where robo-signing comes in. It is the act of a bank signing one of these affidavits without verifying the authenticity of the foreclosure. Some of the bigger names that recently came to light as participating in robo-signing include:

• Wells Fargo;
• Bank of America;
• GMAC; and
• JP Morgan Chase.

In fact, thousands of these affidavits have been signed by servicer or bank employees without any real knowledge as to the truth of the situation. This means that some foreclosures should not happen.

How Robo-Signing May Affect You

You may have been the victim of a falsified affidavit. In that case, your foreclosure may not have been warranted. In fact, it is illegal for a bank to foreclose on a house if the paperwork is not in order.

Sadly, thousands of homes have been part of this robo-signing scandal. It has led to more scrutiny on the foreclosure process, causing delays. Some foreclosures are not being signed off on.

Homeowners have also taken a stand, many seeking legal action to prevent their foreclosure from going through. This has also resulted in the lender taking other measures to move it forward. Some lenders will decide to file a lawsuit against the owner if they fall behind on their mortgage payments. Yet this route is often not beneficial to the lender and costs them money.

Some foreclosure cases were dismissed because of the scandal. However, owners can’t deny the reality that later on the lender may try it again. This can result in you looking for some type of mortgage foreclosure help.

The idea of losing your home is difficult to imagine. However, if you believe that you were the victim of the robo-signing scandal, there may be a way out. The team of foreclosure attorneys at The Neustein Law Group, P.A. serves residents of the Miami-Dade County, Broward County, Palm Beach County and other counties throughout the state of Florida.

By contacting a Palm Beach County foreclosure attorney, you can learn what your legal rights are and if there are options available to help save your home. To learn how an attorney may be able to help when you are at risk of losing your property, contact us today: 561-235-0700 (Boca Raton Office), 561-232-3788 (West Palm Beach Office), 305-531-2545 (Miami Beach Headquarters) or 888-400-ATTY (2889) (Toll Free).

Can Filing a Chapter 7 Bankruptcy Save My Home from Foreclosure?

January 17, 2013Uncategorizedadmin

Dear Mr. Neustein,

After 10 years of marriage, I recently got divorced. Suddenly, our two income household has been cut by more than half. I used to work full-time, but now I am limited to my disability check. We were recently served with foreclosure papers and I have basically been living off my credit cards which are almost maxed out. Should I file for Chapter 7 Bankruptcy to save the house? Is it too late to save my home from foreclosure?

Thanks,
Nancy

Dear Nancy,

In many instances, filing for Bankruptcy usually should be the option of last resort when trying to save your home. The best option is to hire an experienced litigation attorney to defend the foreclosure case on the merits of the case. The Mortgage is a contract which affords the Borrower with many protective covenants. The burden is on the bank to prove that they satisfied all the conditions precedent to bringing the foreclosure action. An experienced foreclosure lawyer can effectively defend the case much the same way as any litigation matter. A natural byproduct of any litigation matter is Time. It can take the bank a very long time to secure a judgment of foreclosure – IF they get one at all. While it is true that filing for Bankruptcy will put a “Temporary Stay” on any foreclosure proceedings, including the cancellation of a pending foreclosure sale, this Stay (or Freeze) is only temporary. Since a Mortgage is a “Secured Debt” (unlike a credit card which is unsecured), the Bank has the right to ask the Bankruptcy judge to remove the stay from the foreclosure proceeding. This request is routinely granted by the Bankruptcy Court. Sometimes it may make sense to file for Bankruptcy sooner if it helps you qualify for a mortgage loan modification. An example of this is if your debt to income ratio is too high. Sometimes, the elimination of some of the debts will improve your ratios enough to qualify for a loan modification. In any event, you should certainly consult an experienced attorney who has significant experience is Three distinct areas: (1) Foreclosure (2) Litigation and (3) Bankruptcy. There is subtle, but very important distinction between Foreclosure attorneys and foreclosure attorneys experienced in Litigation since many attorneys claim to specialize in foreclosures, but do not take depositions, routinely take these cases to trial, and Appeal the decisions of the lower court when there is a mistake, etc. Feel free to contact us directly any time with any questions, a free consultation or if we can be of further assistance.

Sincerely,
Frederick A. Neustein, Esq.

MIEMBRO DE