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Homeowners Be Aware – A New Foreclosure Law Took Effect

The new foreclosure law has the effect of invading, stripping, and dismantling your property rights!

Why?  Because the new foreclosure law generally works to shift the burden of proof away from lenders, and, instead, requires homeowners and investors to prove their case. This is akin to an accused in a criminal case – who is considered “innocent until proven guilty” – now having to prove their innocence!  Is there anything more central to the American legal system than “due process?” All the while, the new foreclosure law only serves to accommodate lenders – who not only perpetuated the foreclosure crisis with subprime loans, but made matters worse through the introduction of fraudulent paperwork to expedite the legal foreclosure process and accelerate Final Judgments!

Over the last few years, there has been a tendency by homeowners to sit on their legal rights – this was largely due to media reports that foreclosure actions could take two years or more to resolve.  Under the new foreclosure law, doing nothing is the greatest risk a homeowner can take. Specifically, if a homeowner or investor does not timely respond after service of a foreclosure lawsuit, a final judgment and sale date could be issued rapidly.

The most onerous provision of the new foreclosure law is the amendment to Section 702.10 which states that a lienholder (lender) may request an order to “show cause” for the entry of final judgment.  The amendment further states that the court shall immediately review the request and, if the allegations within the Complaint are “sufficient,” may issue an Order to show cause why a Final Judgment of foreclosure should not be entered – all of this without a hearing.  The Order will set a date and time for the “show cause” Hearing – to be set no sooner than 20 days after service of the Order.  If a defendant fails to appear for the Hearing, such defendant may be considered to have waived the right to a Hearing, and the court may then enter a default against such defendant and may order the Clerk of Court to conduct a foreclosure sale.  As a consequence, “sitting on your rights” is NOT AN OPTION!

It is vital that homeowners and investors seek legal advice from an attorney experienced in defending mortgage foreclosure actions.  The new foreclosure law provides some semblance of “due process” to the extent that if you file “defenses by [way of] a motion, a responsive pleading, an affidavit, or other papers” before the “show cause” hearing, and those defenses “raise a genuine issue of material fact,” you could avoid the entry of Final Judgment.

Hiring an attorney to defend your property and preserve your rights is now more critical than ever!  The Reyes Law Group aggressively litigates these cases – and has been doing so now for four years. We are not playing the “delay game,” instead we respond to these lawsuits by raising all defenses available to our clients, and challenging the lender’s claims throughout the litigation.  Under this new law, that took effect on July 1, 2013, promptly filing your defenses is imperative.

Carlos J. Reyes is the Principal of Reyes Law Group. He has been a member of the Florida Bar since 1988 and practices state-wide.  Carlos has been awarded a rating of “AV Preeminent” which is the highest possible rating in both legal ability and ethical standards by Martindale-Hubbell – a well-recognized legal resource. Melissa J. Ulloa is an Associate at Reyes Law Group focusing primarily on mortgage foreclosure defense and civil litigation. The RLG Legal Team also include attorneys Carlos J. Reyes – Principal, Stephan Lopez and Phillip A. Ortiz and the RLG Legal  Support Team to bring you a dedicated, experienced and dynamic legal team to handle your legal needs.

We also assist clients in the areas of: Civil LitigationReal Estate LitigationResidential Purchase & SalesCommercial Acquisitions & SalesResidential Landlord-Tenant LitigationCommercial Landlord-Tenant LitigationShort Sales NegotiationsLoan ModificationsCriminal DefenseCivil Rights ClaimsFamily LawCorporate Work, and Labor & Employment Law.

Call us for a FREE consultation at (954) 369-1993. Se Habla Español.

Visit our firm website ReyesLegal.com and review our credentials.

We are located at 150 S Pine Island Rd #210, Plantation, FL 33324

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The Reyes Law Group BLOG is intended to provide information to firm clients, friends and potential clients about various legal related topics. Nothing in this BLOG should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this BLOG without seeking the advice of legal counsel.

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Written by Reyes Law Group