Erick Trivedi Residential Real Estate Law Blog on Lawyers.com

foreclosure defense in Florida

Monday, February 16, 2009 by Erick Trivedi

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Defending a foreclosure in Florida can be done by disputing the common counts which are alleged by the foreclosing lender.  Frequently the complaint for foreclosure will allege that the promissory note was lost and needs to be re-established.  Since this count is a part of every complaint that I have ever seen - I doubt very much that this is actually the case.

In addition to defending based upon procedural grounds, I am of the opinion that, where the lender has indicated to the homeowner that they must stop paying the mortgage before any consideration can be given to a loan modification, an equity defense exists based upon the lender's contribution to the borrower's failure to pay.

Although the cases where actual payment has occurred are rare, sometimes lenders foreclose on the wrong property or fail to properly account for funds.  All of these fact sets can provide important defenses.

www.trivediandassociates.com

 
Posted at 19:41 PM
Topic: Residential Real Estate
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