If you find yourself having financial difficulties and need an attorney to provide foreclosure defense, the attorneys at Christopher M. Sprysenski, P.A. can help. Our lawyers carefully review your loan history and the lawsuit you’ve been served with to craft a foreclosure defense strategy that is right for your goals. Whether you want to escape from a home that is under water, or are looking for a loan modification, foreclosure defense options are a critical component to accomplishing your goals.
Under Florida law, the primary foreclosure defense tools relate to the promissory note you signed when you purchased your home. A lender must meet a two-part defense in order to properly sue you under the promissory note.
First, a lender has to qualify as a holder of the promissory note under Florida’s adoption of the Uniform Commercial Code. This requires that the lender have physical possession of the promissory note. It also requires that the note be endorsed to the lender in the appropriate way. The documents that are attached to your lawsuit are critical in determining whether foreclosure defense related to a promissory note is available to you.
Timing is also important to foreclosure defense related to a promissory note. The party named as the plaintiff in your lawsuit must have physical possession of a promissory note endorsed in its favor prior to the time that the lawsuit is filed. Florida’s Rules of Civil Procedure, along with Florida Statues, also require special filings accompany your lawsuit related to these requirements.
In addition to formulating a foreclosure defense strategy concerning your promissory note, defenses related to what notifications a lender must provide you with prior to filing its lawsuit are critical.
Most mortgages require that a lender provide you with several notices prior to filing a lawsuit. A lender must also provide you with an opportunity to cure missed payments, in writing, prior to filing their lawsuit.
Determining whether these pre-suit foreclosure defense strategies are available to you typically requires that an attorney conduct discovery in your case. Discovery involves requesting documents and receiving both written and in person sworn testimony from your lender.
Another powerful foreclosure defense is whether your current lender can prove the payments you’ve made on your loan. Many times, your loan has been sold several times since you signed your promissory note. This typically means that it has been provided with loan servicing by several different companies. Unless a representative from each servicer testifies in your case, the plaintiff in your case will more than likely try to use business records to prove the payments made on your loan.
Florida’s rules of evidence require that business records pass a special test. This test requires authentication of the records with someone familiar enough with the records at the time they were created.
The attorneys at Christopher M. Sprysenski, P.A. carefully review the fact of your foreclosure case to formulate the best foreclosure defense to raise. Our lawyers help you identify a foreclosure defense plan that has the highest success of achieving your goals.
Ready to understand the different defense strategies in your case. Contact a foreclosure defense lawyer at Christopher M. Sprysenski, P.A. to discuss your case at 407-630-8485.