Jacksonville Foreclosure Attorneys

Assisting Clients With the Foreclosure Matters in Florida

Are you behind on your mortgage payments? Foreclosure may be on the horizon. Florida is a judicial foreclosure state, which means your lender needs to go through the court system before evicting you and selling your property. They will also need to wait to do so until you have been delinquent for more than 120 days.

Despite this pre-foreclosure period, acting quickly is imperative. The sooner you obtain professional support, the higher your likelihood of implementing a successful foreclosure defense strategy and protecting your home.

At Edwards & Edwards, P.A., our Jacksonville bankruptcy attorneys are prepared to fight tenaciously for your rights and well-being. With over half a century of combined experience, we have what it takes to thoroughly assess your situation, determine the most appropriate way forward, and guide you through the foreclosure defense process with efficiency and care.

To schedule a case evaluation, call (904) 478-9255 or contact us online today to schedule a consultation with our foreclosure lawyers in Jacksonville. We offer same-day services and flexible scheduling.

Understanding Bankruptcy and Foreclosure

Most people associate bankruptcy with the loss of property. However, bankruptcy allows countless homeowners each year to obtain temporary protection from their lenders and even avoid foreclosure altogether.

When you file bankruptcy, the court will issue an order called the automatic stay. The automatic stay halts all collection activities, from phone calls to foreclosure. During the entirety of your case, this order will protect you from creditors, lenders, and debt collectors who want to seize your property or collect what you owe in any other way.

Chapter 13 bankruptcy is typically the most effective way to prevent foreclosure. The automatic stay lasts for 3-5 years (i.e. the duration of your payment plan), giving you ample time to catch up on arrears. If you are caught up on payments by the end of your case, you will effectively rescue your home from foreclosure.

Our attorneys at Edwards & Edwards, P.A. can help you utilize Chapter 13 in the most effective way possible. If your goal is to prevent foreclosure, we are ready to use our decades of experience to help you find the right way forward.

Common Reasons for Foreclosure

Some common reasons for foreclosure include:

• Job Loss or Income Reduction: Unemployment or a substantial reduction in income can make it difficult to keep up with mortgage payments. This is one of the most common reasons homeowners fall behind.
• Medical Expenses: Unexpected medical emergencies or chronic health issues can lead to substantial medical bills, diverting funds away from mortgage payments and other financial obligations.
• Divorce or Separation: The end of a marriage or partnership often results in financial strain, as households split into two and expenses increase while income may decrease.
• Excessive Debt: Accumulating debt from credit cards, personal loans, or other financial commitments can make managing monthly mortgage payments challenging.
• Adjustable-Rate Mortgages (ARMs): Homeowners with ARMs may face increased payments when interest rates rise, making it difficult to afford their mortgage.
• Unexpected Home Maintenance Costs: Major repairs or maintenance costs, like fixing a leaky roof or replacing a faulty HVAC system, can strain finances and lead to missed mortgage payments.

Foreclosure Defense Options

Chapter 13 bankruptcy is not the only way to avoid foreclosure. You might also benefit from a mortgage modification, in which we negotiate with your lender for better terms.

The result of these negotiations might include:

• A lower interest rate
• Lower monthly payments (by extending the length of the plan)
• Delinquent payments added to the end of the plan

Alternatively, our attorneys might recommend a short sale, which is when you sell your home for less than what you owe. This can be difficult to achieve, and it comes with certain risks, which is why you should consult with our team before moving forward.

No matter what type of foreclosure defense strategy we select, you can trust us to guide you with care, foresight, and efficiency. Your best interests are our top priority at all times.

How Our Foreclosure Lawyer Can Help You

We can assist you by:

• Comprehensive Case Evaluation: Every foreclosure case is unique. We will thoroughly review your situation, including the terms of your mortgage, payment history, and any communication with your lender. This evaluation helps us understand the specifics of your case and develop a tailored strategy to defend your home.
• Legal Defense Against Foreclosure: We can identify any errors or illegal practices that may have occurred during the foreclosure process. Common issues include improper servicing, lack of proper notice, or violations of federal and state regulations. If any violations are found, we can use these to your advantage, potentially stopping or delaying the foreclosure.
• Loan Modification Assistance: A loan modification can adjust the terms of your mortgage, making payments more manageable. We can negotiate with your lender on your behalf to modify your loan, potentially reducing your interest rate, extending the loan term, or changing the loan type to prevent foreclosure.
• Short Sale Negotiation: In some cases, a short sale may be the best option. This involves selling your home for less than the outstanding mortgage balance. We can negotiate with your lender to approve a short sale, which can help you avoid the long-term impact of foreclosure on your credit.
• Bankruptcy Options: Filing for bankruptcy can provide a temporary halt to the foreclosure process, giving you time to reorganize your finances. We can demonstrate the differences between Chapter 7 and Chapter 13 bankruptcy, helping you decide which option, if any, is best for your circumstances.
• Strategic Default Counseling: Sometimes, strategically defaulting on your mortgage may be a viable option. This involves deliberately stopping payments to leverage a more favorable negotiation with your lender. We can counsel you on the potential risks and benefits of this approach, ensuring you make an informed decision.
• Representation in Court: If your foreclosure case goes to court, having an experienced attorney by your side is crucial. We will represent you, present your case and advocate for your best interests.
• Financial Counseling and Planning: Preventing future foreclosure requires a solid financial plan. We can connect you with financial counseling services to help you handle your finances, budget effectively, and plan for a stable financial future.
• Protecting Your Rights: Throughout the foreclosure process, it's critical to understand your rights as a homeowner. We will ensure you are fully informed and will protect your rights against any unlawful practices by lenders or servicers.

Give our Jacksonville foreclosure attorney a call at (904) 478-9255 or contact us online today.