
Understanding the Foreclosure Process
In Florida, the foreclosure process typically follows a sequence of events. It begins when a homeowner falls behind on mortgage payments, triggering the lender's actions to reclaim the property. Understanding these stages is crucial for those facing the distressing possibility of foreclosure.
Foreclosure typically involves the following stages:
- Default and Notice: After missing a certain number of payments, the lender will send a Notice of Default, officially notifying the homeowner that they're at risk of foreclosure.
- Lis Pendens: Latin for “litigation pending,” the lender files this summons and complaint to indicate that a case is now in progress with the subject property. It acts as notice that the foreclosure procedure has moved forward and it is on public record.
- File a Response: You have 20 days to respond to the summons and complaint. If you do not respond, the judge may issue a final judgment leading to foreclosure. While you can file an answer by yourself, it is best to have a Tampa foreclosure attorney on your side -- it is the best way to outline your defenses.
- Court Hearings: A preliminary hearing is scheduled where you may present your defenses. A judge may grant more time if your case is compelling. Otherwise, the lender may proceed. A skilled foreclosure attorney can be advantageous -- they know how to dispute the lender's case best. The judge's ruling results in a Final Summary Judgment, totaling the owed amount, including mortgage, interest, penalties, and court costs.
- Sale Date Set: If the judge approves for the lender to reclaim the home, a foreclosure sale is scheduled, typically in 30-45 days after judgment. The property is auctioned, and the property must be vacated.
- Foreclosure Auction: The property is auctioned to the highest bidder. It becomes a Real Estate Owned (REO) property if it doesn't sell at auction.
Understanding this process is fundamental for Tampa homeowners facing foreclosure. But, remember, there are often opportunities to halt or delay foreclosure.
Exploring Options for Halting Foreclosure
The prospect of foreclosure can be daunting, but there are various strategies to prevent or delay it in Tampa.
- Bankruptcy: Filing may result in an automatic stay, which halts foreclosure actions for a while.
- Loan Modification: Make your mortgage more manageable by negotiating with the lender to change the conditions of the loan.
- Short Sale: Selling your property for less than the mortgage balance with lender approval can be an effective way to avoid foreclosure.
- Deed in Lieu: Voluntarily transferring property ownership to the lender can satisfy the debt and prevent foreclosure.
- Legal Defense: If there are legal deficiencies or violations in the foreclosure process, you can pursue foreclosure defense litigation.
Every homeowner's situation is different, and the best way to prevent or delay foreclosure depends on a number of factors. You can determine the most practical course of action for your particular situation by speaking with an accomplished Tampa foreclosure defense lawyer.
Contact Haynes Law Group for a free consultation with an experienced foreclosure defense attorney in Tampa. Reach out online or dial (888) 252-8754.

Our Clients Share Their Stories
At Haynes Law Group, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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We contacted Haynes & De Paz as we quickly realized we required assistance obtaining surplus funds from a foreclosure sale. Being from Canada and having an extra messy case with numerous parties involved - the process was extra confusing and we did not know the best way to go about this. We initially thought it would be a simple procedure in that once the sale occurred and once there was confirmation that there were in fact surplus funds - we'd fill out a basic template form to obtain those funds. We couldn't have been more wrong but this is a common misconception. After an attempt to contact the court with no response, we quickly realized we needed the help from an expert. We located Mr. Benjamin Haynes at Haynes & De Paz but had concerns being that he was located in a different county in FL than the court was in... Mr. Haynes didn't even bat an eye. I filled out a form online requesting information and within minutes he called me personally. The entire procedure including the Motion took less than two weeks and I can't believe how efficient he was. He and his assistant, Ashlee are remarkable at communicating with you and updating you every step of the way. The legal fees are reasonable and well worth it. This turned a nightmare into a dream. I highly recommend Mr. Haynes to assist in your surplus funds case... my review is just one of the many that can vouch for his remarkable professionalism and services. You honestly won't regret it.J.D.
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Ben Haynes and staff are true professionals. They explained all aspects of the case clearly and completely. As the case progressed they kept me informed and up-to-date not only on progress, but also on strategy, explained why as well as what at all times, their focus was on my best welfare. I am very happy with the services they provided, I feel highly confident and referring Haynes & de Paz, P.A. to others.M.W.
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Very pleasant and honest. Was not the correct specialist for my situation but took his time and provide me with information to seek out an attorney who could help.Chris
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Mr. Haynes helped me recover over $100,000.00 in foreclosure surplus funds in Florida. He took care of everything from start to finish and won my case! If you have any surplus funds from a foreclosure in Florida, call Mr. Haynes if you want someone who will fight for you!T.S.
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When it seemed hopeless, Lawyer Benjamin Haynes fought and won a $92,873.91 foreclosure surplus for our family! We approached Mr. Haynes after the foreclosure sale on our property. There was a surplus of around $93,000.00 and a second mortgage of around $170,000.00. Therefore, we thought we had no chance to collect the surplus since there was a second mortgage which takes priority over our claim, per Florida law. However, Mr. Haynes took our foreclosure surplus case and started digging very deep! Through Mr. Haynes’ extensive research, he came up with an argument and won in court! The bank didn't know what hit them! We won nearly a $93,000.00 surplus. We received the check in full the next week from the court! If you have a surplus case, you NEED to contact and hire the law firm of Haynes & de Paz. Mr. Haynes will not give up and will work to win you the surplus funds! Now, my wife and I are able to put a down payment on another property. Thank you Mr. Haynes and the law firm Haynes & de Paz!!!!!T.Y.
Tampa Foreclosure Defense Attorneys
Our top-rated and highly reputable legal team is dedicated to helping Florida residents facing the challenges of foreclosure. With years of experience and a track record of successfully handling thousands of cases, Haynes Law Group understands the complexities of the foreclosure process.
Our foreclosure lawyers in Tampa believe in empowering our clients with knowledge and guidance to make informed decisions. We offer free consultations to discuss your unique situation and explore the best strategies for your defense. Our commitment to providing accessible, comprehensive, and compassionate legal support, including Spanish-speaking services, sets us apart. Let us be your partner in preserving your home and financial future. Contact us to take the first step towards a brighter tomorrow.
Set up a free initial consultation with a qualified Tampa foreclosure defense lawyer at Haynes Law Group. Contact us online or call (888) 252-8754. Se habla Español.

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