Have Foreclosures Stopped In Florida?
The answer to the Question: Have Foreclosures Stopped in Florida? is No, they have not. But, it is easy to see why people are thinking that foreclosures have stopped. While reading the newspaper last week, I came across an interesting article addressing a topic that has, over the last few weeks, caused a bit of confusion amongst the residents of Southwest Florida I meet with on a daily basis.
The article was titled “BofA Restarts 16,000 Foreclosures.” I say that it has caused confusion because, while there have been numerous articles speaking to the banks’ claims that they have “stopped” foreclosures due to improper document filing, “robosigners,” and other potential improprieties during the court foreclosure process, foreclosures have been continuing and the process has not halted.
While the articles do address the fact that there are issues with many lenders and the documents filed in many foreclosure cases, these are all issues that I and my collegues at the Dellutri Law Group have been posing to the court and have been successful with in our defense of many of you in the foreclosure process. However, as unfortunate as it may be, these issues have not “stopped” the lenders from filing a foreclosure complaint and foreclosure actions are continuing to make their way through the court system.
My advice when discussing foreclosure defense representation goes along with an old adage that is primarily used in a sports setting – “the best defense is a great offense.” Do not delay or fail to take action when served with a foreclosure complaint. Be proactive.
While you may be in modification or short sale discussions with your lender, if a foreclosure complaint has been filed against you, your foreclosure case will remain pending and will continue to progress. Please, do not just take the bank’s advice to ignore the complaint filed or the bank’s verbal statement that the foreclosure process has been halted.
As always, I suggest that anyone served with a foreclosure complaint speak with a qualified attorney who is actively handling foreclosure defense cases to discuss their rights and the foreclosure process. I and the other attorneys at the Dellutri Law Group give a free 30 minute consultation for those seeking foreclosure assistance. In addition, our attorneys, in conjunction with the staff at Florida Rural Legal Services, hold free Foreclosure Defense and Bankruptcy Seminars at least once a month at the Florida Rural office. The resources of information are there for you, please utilize them.
This Blog was written by Attorney John Webb, Esq. of The Dellutri Law Group, P.A. Mr. Webb practices Bankruptcy Law, Fair Credit Reporting Act Law, Fair Debt Collection Practices Act Law and in other areas of Consumer Law.