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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.

    “The bank didn't know what hit them!”
    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.
    “You have exceeded our expectations”
    We can say without hesitation that you have exceeded our expectations, both in time and in the first class service that you offered. Even if the outcome of our case was different to what I received then my testimonial would be the same. The service and experience was exceptional. Thank you very much.
    Jeff & Nancy
    “Thank you for helping us through a very tough time!”
    My wife and I sought counsel after Bank of America ran us around until they finally were able to get around to foreclosing on us. Mr. Haynes asked what it is we wanted out of this, and he actually listened. He found what we wanted and then he made it happen, in the timeline he said he would. Thank you for helping us through a very tough time.
    S.K.
    “I wish to thank you personally and in behalf of my parents.”
    I wish to thank you personally and in behalf of my parents. It was a pleasure meeting you and your friendly staff. The paperwork you prepared was done very professionally and with high standards.
    B.W.
    “I would highly recommend Attorney Haynes if the need arises!”
    I wanted to take this opportunity to thank Attorney Benjamin Haynes of Haynes and de Paz, P.A. for the counsel and guidance provided by him and his firm during my recent real estate foreclosure activity. His recommended approaches provided me the time necessary to list and complete a “short sale” of my property. Real Estate Foreclosure activities are often convoluted and intimidating and engaging Attorney Haynes was an excellent decision on my part. His representation enabled me to concentrate on moving forward while he dealt with the intricacies’ of the myriad Foreclosure statutes. With his assistance I was able obtain much needed relief from the pending Foreclosure action. I would highly recommend Attorney Haynes if the need arises.
    W.B.

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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