Facing a Foreclosure in Tampa?

Foreclosure Attorneys Helping Florida Clients Save Their Homes

Foreclosure is inarguably one of the most frightening things you can face as a homeowner. The possibility of losing your home can lead to lifechanging consequences. While it can be easy to feel helpless in the face of a foreclosure, the fortunate reality is there are many steps you can take to defend yourself and your home from the process.

Your first step should be to hire our experienced foreclosure lawyers at Cremeens Law Group PLLC. Our team has successfully helped many Florida clients defend their homes from the foreclosure process, using numerous strategies perfected by our years of experience and thorough understanding of state law. We can evaluate the circumstances of your foreclosure situation, guide you through all of your legal options, and help you make the most advantageous decision possible. While we cannot guarantee that we can stop foreclosure entirely, we promise to explore every possible tool to minimize its impact on your life.

“I appreciated his honesty on the matter and I would return to his firm and recommend it.”

- Gregg F.

Why You Should Consider Hiring a Tampa Foreclosure Attorney

Banks, mortgage companies, and other lenders are going to be looking out for themselves in most situations. They are not interested in helping you understand your options or saving your home and will likely not empathize with your financial difficulties that put you in this situation. They are determined to foreclose as quickly and efficiently as possible and will often do just about everything in their power to do so. That means they will not alert you to rights or options you are entitled to, and they will certainly not equip you with the tools you can use to defend yourself from foreclosure.

Banks and lending companies are ultimately run by humans, and humans make mistakes: Perhaps they inadvertently break a state regulation or fail to file the appropriate document. Some bad actors will even engage in unscrupulous behavior to aggressively pursue a timely foreclosure. However, no one will tell you if they make actionable errors or engage in unlawful behavior, even if these actions can help build a case defending you against foreclosure.

To adequately protect yourself and give you the best legal advocate possible, you need to hire our Tampa foreclosure lawyers. No one other than an experienced legal representative will have the deep knowledge of Florida foreclosure law to be able to identify potential issues or have the responsibility to keep you aware of your options. Foreclosure laws also vary between states, and banks have been known to inadvertently violate aspects of Florida’s specific regulations that can represent a boon to your case.

Our first goal is to always save your home, whenever possible. Sometimes, the circumstances of your case may preclude this possibility, but retaining our legal services can still lead to numerous benefits and reduce negative consequences of the foreclosure process.

Some of the solutions our attorneys can pursue include:

  • Delaying foreclosure, allowing you to stay in your home longer
  • Lowering your interest rate or principle balance
  • Eliminating or reducing late payment fees
  • Lowering your monthly payment
  • Pursuing forbearance
  • Minimizing damage to your credit
  • Obtaining funds to facilitate a move through a cash-for-keys agreement
  • Buying your home from the bank for a lower amount than you currently owe

If you have been served with a foreclosure notice, do not panic. Instead, take the first step to building your defense by dialing (813) 683-8688 or contacting us online.

Foreclosure Defense Strategies We Can Pursue

Every foreclosure situation is going to be unique to individual circumstances. Even so, years of practicing foreclosure defense law have equipped our team at Cremeens Law Group PLLC to identify several successful strategies.

For example, a common legal technique is to press the bank or lending company to prove it has standing to foreclose your mortgage, or, in layman’s terms, the legal ability to enforce your defaulted loan by way of a foreclosure lawsuit. This might seem obvious, but to many people’s surprise, banks can have a tough time proving standing. In many cases, a mortgage loan is transferred, sold, or reassigned, sometimes multiple times across several parties. In order to carry out a foreclosure lawsuit, the bank in question has to prove it actually “owns” the mortgage, which it sometimes cannot manage.

For many mortgages, banks are required to take certain legal steps before filing a foreclosure lawsuit against you. These procedures are called “conditions precedent,” and many lending companies fail to properly carry them out. Proving compliance failure will prompt many courts to dismiss foreclosure actions outright.

Banks and lending companies are required to keep the original “note,” or contract, when you originally signed the mortgage. Due to disorganization, error, or other reasons, banks tend to misplace or lose these contracts many years after the fact. It is significantly more challenging for a bank to pursue foreclosure defense where they’ve lost the note, and, consequently, many times they will elect to settle with terms favorable to you versus attempt to litigate against an experienced foreclosure lawyer.

Sometimes, lending companies will erroneously overcharge on a new mortgage document, claiming you owe more than you what you feel you originally agreed to. Banks often hedge that you will simply pay whatever a document specifies and not challenge the particulars of the amount, hiding extra charges through inflated interest rates, processing fees, or taxes. This can contribute to your falling behind on your bills, but the discovery of inaccurate charges can give you leverage in a foreclosure defense case. Our legal team can review your billing to make sure your charges are consistent with your original mortgage agreement and, should we find irregularities, we can challenge your bank for an explanation.

There may be a scenario where you are current on your mortgage payments but are potentially anticipating issues down the road, perhaps due to a looming financial difficulty like the knowledge you are being temporarily laid off. You might proactively reach out to your banking institution in a good faith effort to modify or restructure your loan. While some banks will be happy to work out a compromise, others may engage in a dishonest practice called “induced default.” They may refuse to renegotiate or work with you because your mortgage is current, and therefore there is no issue to address. It is true that some loan modification and other support programs are reserved for those who are behind on their mortgage, but what the bank is effectively doing is encouraging you to intentionally fall behind on your payments. Only at that point, they claim, will they be willing to discuss restructuring your loan, but many have no intention of doing so and are instead trying to trap you in default. This practice is unlawful, and proving “induced default” in foreclosure court can often lead to judges dismissing foreclosure suits.

Get the Foreclosure Defense You Need

Banking institutions are often not expecting a fight in a foreclosure lawsuit. The mere act of hiring experienced legal representatives, like our Tampa foreclosure lawyers, can compel banks to consider settling in terms favorable to you, especially if they know there are weaknesses in their case. Even if a lending institution is committed to pursuing foreclosure, we will take every step necessary to protect your home and exercise every legal tool to make sure your rights are protected. At Cremeens Law Group PLLC, we are committed to diminishing the negative impacts of foreclosure, no matter the ultimate result.

Take the first step to fighting for your home and your rights. Call (813) 683-8688 or contact us online to schedule a free initial consultation.

Taking the Burden Off of Your Shoulders

What You Can Expect With Us
  • Experience

    Having worked with both consumers and lenders, we have unique insight for how banks work, providing you with the best strategy.

  • Results

    If you hire us, we will be the attorneys that keep you in your home.

  • Affordability

    With payment plans available and without any hidden or extra fees, our goal is to help you budget when you're dealing with financial issues.

  • Communication

    You will never be kept in the dark. From start to finish, we maintain regular communication about your case.

Ready to Discuss Your Case?

Schedule a free consultation with us today to explore your options.