Wednesday, November 8, 2017

Important Information On Florida Foreclosure Defense

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By Daniel Ross


A foreclosure generally is used in reference to legal processes involving the loss of property to lenders when a person is unable to do repayments for their loans. Once there is defaulting on the repayment, a lender repossesses the property initially sold or the property used as security or collateral for the loan. The implication is that a lender will recover their outstanding balance. Nevertheless, Florida foreclosure defense can prevent such situations where a property is lost through foreclosures.

Many people have lost their properties and homes through the foreclosure process. The main reason as to why this has been happening is because, when one is unable to make the payment, he just ignores the situation and waits for a lender to take the step he thinks is appropriate for him.

Others start delaying the entire process thinking that they will succeed in not losing their property. If you do not want to lose your property, it is important to take an immediate action once you notice you have developed a financial problem or when you notice that your lender want to retrieve the asset.

You can defend your property or simple and honest mistakes that the lender has committed. Mistakes such as the omission of some information or a clause that is crucial, if the notice was not properly issued or timed, any misspelling of words or figures among other simple mistakes.

The crediting companies also may make mistakes in deductions. The money may even be deposited in the wrong lender account due to multiple companies being in the market. When this information is retrieved, the borrower can use the information to indicate that the mistake was not his and therefore he is not liable of losing his property. Also, if the company initiating this process is unable to show proper financial records, the borrower can use that weakness as a defense mechanism.

Other available mechanisms that may be relied on in defending against property loss include proving that the interest rate imposed by the lender or that charges on your mortgage violates the laws in your state or is far much above a recommended level. When determined that the charges and representations imposed are false, deceptive, or contravene the laws, your property is protected against any takeover by the lender.

You can also use the interest charged to defend yourself from losing the property. If you prove beyond reasonable doubts that the interest charged by the lender is not in accordance with the state law, this can be used as evidence to stop him from taking the property. If the representations he used were false, fake, deceptive and against the law, this information will be used to defend the property from being taken.

Other defensive techniques are such as failure of lenders to adhere to the stipulated procedures in conducting foreclosures, failure to prove ownership, possession of fake and invalid affidavits, incorrect notarization of documents and so on. You may as well file for bankruptcy in a court of law.




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