Foreclosure Defense in Jacksonville, FL

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Because sometimes the best way to move forward is to fight back.

In these tough economic times, many people are unable to make their mortgage payments. When this happens, a bank may serve you with a lawsuit to foreclose on your home. If this happens to your family, there are several things you NEED to know.

By fighting the foreclosure action, you will protect yourself in many ways. You will be able to remain in your home, making no mortgage payments, while you fight the foreclosure. You will verify the true owner of the debt, saving yourself from multiple lawsuits over the same loan. You will have more time to improve your own financial situation while the housing market in general recovers, increasing the value of your home and creating new options for resolution. You will provide the bank with increased incentive to consider restructuring your loan to something that is both fair and manageable. And, you will save yourself and your family from the need to find alternate housing, being subject to a deficiency judgment, and possibly facing the prospect of a bankruptcy as a result.

You should feel no shame associated with the foreclosure. In most cases, it is the banks themselves that caused the tough economic situation that may have led you into foreclosure. While you know you borrowed money for your home, and you know you can no longer make timely payments, that doesn't mean that the bank that is suing you has the right and ability to foreclose.

You also need to know that if you do nothing, and despite the bank having a poor or faulty case, the bank will win by "default." So it is essential for you to take action immediately to defend your rights and your family's home.

Behind the scenes, banks have likely done many unethical, and sometimes illegal, things with your original loan. The bank may have sold your loan to more than one other financial entity. The bank may have not kept the records of the many transactions they have taken with your loan. The bank may claim to own your loan even while they know some other entity will also claim to own the same loan. This results from the banks "securitizing" many loans, splitting them up, and selling them to others.

If your loan was taken out before 2010, there is a good chance that the bank's actions may make it nearly impossible for a court to determine who in fact really owns your loan. You need to fight the foreclosure to protect yourself, at the very least, from being sued by other entities in addition to your bank, for the very same loan.

If you are sued for foreclosure you have the right to fight the foreclosure. You must act quickly, however. In most cases you have only 20 days to respond to the complaint in some form. No response could result in a default judgment for the bank and the subsequent auction of your home. You may also then be responsible for any deficiency between what was owed on your loan and what the house sold for.

By allowing the Mosca Law Firm, P.A. to analyze your loan and the legal action against you, you gain all these valuable protections. Remember, the banks are foreclosing on thousands of homes in the hopes that your sense of moral responsibility will cause you to NOT fight the foreclosure. Then, they'll expect you to pay any difference between the sale price and your mortgage balance. Don't let them do it. Put the bank to the test by challenging the foreclosure.

The Mosca Law Firm, P.A. has experience in defending foreclosures. We have received advanced training from the leaders in foreclosure defense. There are many affordable ways for you to mount this defense otherwise. Just ask us.

If you have received notice of foreclosure don't delay: Call for a Free Consultation.

Frequently Asked Questions: Foreclosure

What if I receive a foreclosure summons?
You have 20 days to answer the complaint against you.  If you fail to respond you may waive several legal defenses that can be asserted on your behalf and even lose the case by default. Then the mortgage company can ask the court to rule in their favor on motion of Summary Judgment.
What is summary judgement?
Summary Judgment is when the plaintiff goes to the judge and says that there is no issue of fact to be decided, so please just rule in my favor.  If you didn't respond to the complaint within the time allowed, then the judge may have to agree and grant the bank's request.  If your attorney does file a response within 20 days, then there is an excellent chance that a factual issue can be raised, and the judge will grant more time to settle that issue.  With house notes and deeds changing hands at such a rapid pace, it is not unusual for the bank to not be able to produce the required documents, buying you valuable time.
Can the Mosca Law Firm "stop" my foreclosure?
Foreclosure defense is about granting you more time in your home by holding the foreclosing entity accountable for all the legal requirements the law says they need to satisfy in order to foreclose and providing you with all the options available going forward. Challenging the lawsuit can stop the foreclosure while the case is litigated and you make no mortgage payments. In some cases, the suit may be dismissed completely and the bank forced to pay your costs.
If it's possible to ultimately lose my home, why fight?
By making the lender produce documents they should be able to produce, and challenging any discrepancies in those documents,  your attorney will learn of the quality of their case against you and litigate the issues of the case, putting the foreclosure on hold.  During this time you can stay in your home without making payments on your loan, negotiate with the lender, investigate options like maybe selling the home, and have an opportunity to improve your financial situation.  If you can meet the existing terms or modified terms of your loan, or have the suit dismissed, then you can stop the foreclosure with your attorney's help.
What about modifying my mortgage?
With so many foreclosures happening at once, banks are overwhelmed.  Many times, the department of your bank that can modify your loan doesn't even know that the department that does foreclosures has started a cause of action against you.  It takes time to negotiate with the bank and fighting the foreclosure can provide that time.  Successful defense also improves your negotiating position with the bank.
If I owe more than the house is now worth, can I just walk away?
You may, but rest assured the bank will ultimately seek a deficiency judgment against you for the balance owed.  This also applies if your home is foreclosed and sells for less than you owe at auction.  In such cases, there are other options which we can advise you about.
About Stephen Mosca
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Stephen Andrew Mosca is originally from Mount Vernon, New York.  He graduated from the Academy of Aeronautics in 1979 and began his career with Grumman Aerospace Corporation as a Structural Design Engineer working on the Space Shuttle Wing, F-14, X-29 and Lavi fighter programs. Read more...
Client Reviews
"...Stephen Mosca, one of the best criminal defense attorneys in Jacksonville...."
Local Crime Columnist and author Wes Denham, Folio Weekly: Nov. 27, 2013