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Miami Dade Foreclosure Lawyer
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Foreclosure

Defense
Foreclosure Defense Solutions In South Florida
We handle all Foreclosure situations from an offensive perspective.
All throughout the United States, the financial and real estate markets have experienced a crisis of devastating proportions that has not previously been seen in this country since the Great Depression. Many face the troubling reality of Foreclosure and if you are living in Florida, or own real property located within Florida, then you are probably aware that the Florida real estate market, and in particular, the South Florida market, is amongst the hardest hit throughout the nation. We are experienced negotiators and litigators who approach each client as a one of a kind situation, committed to fighting Foreclosure with a strategist�s perspective.

Essential Foreclosure Information For Homeowners
By making sure you are aware of your rights with a clear understanding of some of your options, we can then better serve you.

SHORT SALE
Are you considering a Short Sale of your Property, but you have questions in reference to the Short Sale process?

A Short Sale is when a Lender agrees to discount a loan balance due to a hardship on the part of the mortgagor(s) or borrower(s). The home owner(s) or debtor(s) sell the mortgaged property for less than the outstanding balance of the loan or applicable loans, turning over the proceeds to the lender(s) and paying off any other existing liens. Many Lenders will allow a Short Sale if they believe that it will result in a smaller financial loss than continuing to foreclose on the property, and this may save you from a potentially large deficiency judgment that would otherwise be obtained at a Foreclosure Auction. If the Short Sale is consummated, it may also resolve other legal disputes relating to the property. In the event any indebtedness is to be forgiven, you should consult with a certified public accountant and/or an enrolled agent (with the IRS) for proper tax-related advice.

DEED IN LIEU OF FORECLOSURE
Deed in Lieu ("DIL") is another possible option for some property owners facing foreclosure proceedings. DIL a disposition option in which a Mortgagor(s) voluntarily deeds collateral property in exchange for a Release from all obligations under the Mortgage. A DIL of Foreclosure may not be accepted from Mortgagors who can financially make their Mortgage Payments.

Be aware that the DIL is not without complications and there are several possible drawbacks associated with such a procedure, including but not limited to the tax ramifications associated with the cancellation of debt, your credit history, and the loss of the subject real property.
BANKRUPTCY
If you currently owe more money than the property is worth, or if you are unable to continue making payments or pay off existing condominium association dues or maintenance fees, tax liens, or the like, or if you are simply saddled down with an overwhelming amount of overall debt, you may be a bonafide candidate for protection under the federal Bankruptcy laws.
LOAN MODIFICATION
If it is your intention to keep your property, we will attempt to determine whether you are eligible for a Loan Modification with the Lender(s), under either the federal HAMP Plan or some other alternative plan which may be offered by your Lender(s). If it is your desire to continue living at the premises or to keep the property and save it from Foreclosure, and you have recently experienced hardship that made continued regular payments untenable, this may be a viable option for you, depending on your current financial situation and other variables, including whether you currently reside at the property.
MEDIATION/ALTERNATIVE DISPUTE RESOLUTION
Sometimes, a client will have already attempted to work out a Loan Modification, Deed in Lieu, or other workout with the Lender to no avail. We will also attempt to pursue Mediation or Alternate Dispute Resolution should that be a viable course of action for you. While there can be no guarantees that Mediation or Alternative Dispute Resolution will work for any particular individual, many times it is very helpful to sit down at the negotiating table with the Lender(s)� attorneys and representatives of the Lender(s) to discuss working out a viable solution for you and the Lender(s). We will attempt to pursue Alternative Dispute Resolution or Mediation at every instance when we believe it may be an appropriate avenue for you.
PREDATORY LENDING
Predatory Lending is a term which connotes unfair, unethical business and lending practices which have surfaced more and more in recent times as a result of the tumultuous real estate market. In essence, predatory lending can take on many forms. This includes a lender deceiving the borrower to enter into loans with abusive or unfair mortgage terms and conditions, as well as a lender who violates the loan terms by way of deception or outright fraud. Under such circumstances, there is an increased likelihood that the borrower will default in meeting loan obligations, thus giving rise to foreclosure proceedings.
SUBPRIME LOANS
A subprime loan is merely a loan offered to individuals who did not qualify for a prime rate loan that is offered to people with better credit scores or who are perceived to be less risky borrowers under the circumstances presented. If you received a subprime loan, chances are you have been subjected to a much higher interest rate as well as particularly oppressive prepayment penalties and/or balloon payments due at the end of the term.

While a subprime loan may have been the only seemingly viable option for you at the time, if you are facing possible foreclosure you may have been subjected to certain predatory lending practices. If this is your situation, we will assist you in determining whether it is appropriate for you to pursue any claims (or counterclaims) against those responsible for unsavory business practices which suggest predatory lending has been perpetrated upon you by virtue of the subprime Lender�s business practices.
At The Law Offices of Douglas J. Jeffrey, P.A. we are a team who believe we can help deal with any foreclosure situation arising under the laws of the State of Florida. Our firm represents people from all walks of life and economic backgrounds.