Foreclosure Defense

Are you being foreclosed on? Let us represent you.

The law requires that a Defendant defend a complaint for foreclosure by “responding” within twenty (20) calendar days.

It is important to note that it is calendar days (not workdays). Many fail to respond under the presumption that the result is inevitable, or that a defense would be “too expensive”.

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Another common mistake is to assume that telephonic communications with representatives of the opposing party are sufficient. It is not, as explained in your summons. Please read the summons served upon you.

The legal “response” to the court is technical in nature, generally called a pleading, and must be in writing.

​We can help you through this process in an affordable way.

Call us today, so that we can review how our defense maybe your “cheapest” option available to you.

Foreclosure Defense Attorneys for the Entire State of Florida.

Why Hire a Foreclosure Defense Attorney in Florida?

It’s natural to feel overwhelmed when facing foreclosure. But don’t lose hope. A skilled Foreclosure Defense Attorney can make all the difference. Here’s why:

  • Knowledge: Foreclosure laws are complex. We know the ins and outs of Florida law, and we’ll use this knowledge to protect your rights.
  • Strategy: Every situation is unique. We’ll develop a tailored plan that suits your particular circumstances.
  • Negotiation: We can negotiate with your lender to find a solution that keeps you in your home.

Your Options for Foreclosure Defense

Understanding your options is crucial. Here are some possible defenses:

  • Loan modification: This changes the terms of your loan, making your payments more manageable.
  • Short sale: You sell your home for less than you owe. While you lose your home, it’s less damaging to your credit than a foreclosure.
  • Deed in lieu: You voluntarily transfer ownership to your lender. Again, this is less damaging to your credit than a foreclosure.

How Gimenez & Carrillo, LLC Can Help

Every single day at Gimenez & Carrillo, LLC, our skilled team is devoted to resolving client problems effectively.

Firstly, we start by thoroughly evaluating your unique situation.

Following this, we take the time to articulate and clarify your available options, ensuring you have a comprehensive understanding of your choices.

Finally, with all the necessary information at hand, we craft a robust, tailor-made defense strategy just for you.

Importantly, we don’t view you as just another case number. On the contrary, we regard you as a highly-valued client, fully deserving of our respect, unwavering commitment, and top-tier representation. With us, you get more than a service; you receive an empathetic, dedicated partnership aimed at defending your rights and achieving your goals.

What to Expect During the Foreclosure Process

Here’s a simplified version of the foreclosure process in Florida:

  1. Notice of Default: If you fall behind on payments, your lender will send a notice of default.
  2. Foreclosure Lawsuit: Your lender will file a lawsuit if you can’t catch up on payments.
  3. Legal Response: You’ll have 20 days to respond to the lawsuit.
  4. Mediation: Many courts offer mediation to help you and your lender find a resolution.
  5. Judgment and Sale: If a resolution is not found, the court may rule in favor of the lender, and they could sell your home at auction.

The Results You Can Expect

When you hire Gimenez & Carrillo, LLC, we’ll do our utmost to achieve the best possible outcome. We aim to protect your rights, save your home, or at least reduce the impact on your credit. Remember, the sooner you contact us, the more we can do to help.

Gimenez & Carrillo, LLC: Your Foreclosure Defense Attorneys in Florida. We’re here to help when you need us most. Reach out today.

FAQs for Foreclosure Defense

What Are The Steps To A Foreclosure Process?


Generally, prior to being served for the foreclosure action, a financial institution or lender will provide you with at least thirty (30) days (time to cure default) in the event that a resolution is not made within the said period in “curing” the default. The next step is the lender instituting foreclosure proceedings. Upon filing a foreclosure action in Court, the lender is required to “serve” a copy of the complaint with the summons upon each defendant, including the owner. The law generally allows for twenty (20) calendar days, or as stated in your summons, for the served defendant to file a responsive pleading.

In the event that a responsive pleading is not filed with the Court, the lender/plaintiff in a foreclosure action can seek a default final judgment by which a foreclosure sale will be set. A foreclosure sale is generally at least twenty (20) to thirty (30) days subsequent to the entry of the final judgment.

By filing a responsive pleading, you will allow yourself additional time in order to attempt to defend yourself and find a solution.

Why Defend The Foreclosure If I Realize I Am Behind On Payments?


We recommend that every defendant in a foreclosure action defend themselves and/or have the matter reviewed by an attorney or other professional in order to ensure that all possible defenses are used on your behalf. There are many issues which may be brought up by the allegations of the lender’s complaint which may allow for defenses which could be used to protect your rights and buy you additional time.

Should I Defend The Foreclosure If I Owe More Money Than The Property’s Market Value Is Worth?


There are many possible solutions in a case where the market value may be less than the amount owed under your note and mortgage. Many times the banker financial institution will accept a deed in lieu of foreclosure in order to resolve the matter. Basically, this is an agreement whereby the owner will agree to transfer the deed to the lender in exchange for a final resolution in satisfaction of the mortgage debt.

Short sales have become more common in recent years. Basically a short sale is again an agreement whereby the bank will agree to accept less than the full payoff from a proposed closing, in order to limit their losses and avoid delays which could be presented in the litigation process.

So long as you are being properly defended, time is on your side.

Can The Property Be Sold Or Be Re-Financed If I Am In The Process Of Foreclosure?


Until the property goes to a foreclosure sale and is purchased by the “highest bidder” (at the end of the foreclosure process), the property is still legally titled in your name and as such, could be sold, be re-financed, etc

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