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Home > Blog > Foreclosure Defense > Possible Defenses in Your West Palm Beach Real Estate Foreclosure

Possible Defenses in Your West Palm Beach Real Estate Foreclosure


In the last decade, millions of people across the country have lost their homes. With the current state of the economy, likely, many more will also find themselves struggling to pay their mortgages. Years ago, real estate foreclosures tended to favor banks and lenders, but there have been significant changes in that recently. Homeowners who fight back can either stall the proceedings or even stop them completely. Fighting foreclosure is not necessarily straightforward, which is why you want a West Palm Beach foreclosure defense attorney on your side.

Here’s a look at possible defenses that might apply in your Florida foreclosure.

The Foreclosing Bank Failed to Follow Florida Procedures

Every state has its own rules for foreclosures, and Florida is no different. If the bank didn’t follow the required procedural rules in Florida, you might be able to challenge it. If you are successful, then the court will let the foreclosing bank know that they must start all over again. While this defense doesn’t stop a foreclosure entirely, it can buy you some time.

Some violations are very minor, and that means the judge is likely to overlook them all. If the bank’s error caused you no harm whatsoever, then you might want to drop it. If the violation is severe, then the court will issue a harsher response.

You are an Active Military Member

The Servicemembers Civil Relief Act allows the courts to be flexible when active-duty military personnel are involved. Some states have non-judicial foreclosures. Florida’s cases are handled within the court system. With foreclosures dealt with by court proceedings, the military member can contact the court outright to request a stay in the proceedings. They will need to show proof of active duty to qualify.

Lack of Notice

Another possible defense is a lack of notice. Florida law dictates that specific notice must be given to homeowners who are facing a foreclosure. This may involve particular forms, a certain number of copies, and more. There may be specific provisions that must be included as well. If the homeowner can prove that the foreclosing bank did not follow the rules for proper notice, the court may agree.

Foreclosing Bank Lacks Standing

Only the legal loan holder, or someone acting on the owner’s behalf, has the legal standing to initiate a foreclosure case. If the foreclosing bank is unable to prove they own the loan, they do not have proper standing to proceed. It’s not necessarily uncommon that the bank has trouble producing the promissory note that gives them legal ownership. With home mortgages, loans are sold multiple times throughout the life of the debt.

Contact a Florida Real Estate Foreclosure Attorney

Depending on the circumstances of your case, there may be additional defenses available to you. Acting quickly with Florida foreclosure cases is imperative. There may be filing and response deadlines that you don’t want to miss to avoid risking your right to present a defense. If you need assistance with a Florida foreclosure case, contact the Law Offices of Larry E. Bray, P.A. today to schedule an initial consultation.


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