Your Lawyer Can Help You Navigate The Twists & Turns Of The Foreclosure Landscape

I have previously said major lenders were halting foreclosures, … and they have, at least long enough to review their files and pull out the faulty affidavits, assignments, and clean up their “process”.  Yet, while existing foreclosures have been slowed or stopped for now, other mind-boggling issues have crept up – process servers that “don’t serve papers” (so you the homeowner don’t know you’re in a foreclosure lawsuit); more “robo-signers” being exposed in major banks (personnel who signed off on foreclosures attesting to the accuracy of the documents without having much personal knowledge of what they contained just to speed up foreclosures); and even more oddly, homeowners giving their foreclosure defense lawyers a second mortgage in the property being foreclosed as “payment” for services so they can represent them in the foreclosure actions (a practice we understand but do not feel is in our client’s best interest or appropriate for our firm).  Despite all these issues, foreclosure mills were kept busy filing more lawsuits with Palm Beach County leading the way with the #1 foreclosure rate in the state – 1 out of every 94 homes – and Broward at #5 – with 1 out of every 110 homes.

This mortgage foreclosure crisis has more twists and turns than a mystery novel.  When I first turned my years of practice (predominantly specializing in real estate law) to mortgage foreclosure defense, the idea of defending against these actions was “novel”.  No one could believe there were “legal defenses” to these claims.  Moreover, the market values had only dropped about 25-30% – so a large part of the market had not yet been exposed to the sting of an out-of-control foreclosure process.  Today, as we’ve learned over the last year, the backdrop to the lending debacle covers a wide range of issues – how loans were structured, how they were sold, what happened to them once sold, how they were assigned multiple times and the legality of that process, and more.  Ultimately, all of it has led to and laid the foundation for the largest financial crisis of our lifetime.  And, of course, along the way we now see property values that have dropped between 40-50% (maybe even more), which, in turn, have now left 5 out of 10 homeowners “underwater”.  The challenge to all property owners is how to survive this tumultuous period of our lives going forward, especially if they’ve been served with foreclosure papers.  As we said last month, one good thing is that the convoluted “foreclosure landscape” will present more opportunities to conduct meaningful “loan modifications” and “short-sale” negotiations.

Every foreclosure case presents different circumstances, documents, legal theories, nuances and more.  The real challenge may be how to seek and obtain representation that works best for you. The chief judge of the 15th Judicial Circuit, Peter D. Blanc, has noted that some folks believe judges are quick to rule in favor of the banks, but Blanc said the judges have no choice because homeowners aren’t showing up in court to defend themselves. The RLG motto is we help our clients “defend your property, preserve your rights”.  As the principal for RLG, I vow to ensure that our motto is more than words, but a commitment to bring our expertise and passion to your case. Today, more than ever, contacting a FORECLOSURE DEFENSE LAW FIRM who understands the process and the objective can help you aggressively litigate your case, negotiate your loan modification and/or successfully close your short-sale transaction.  In the end, you too deserve a passionate voice to help you defend your property and preserve your rights!

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. The RLG Legal Team also include attorneys Stephan LopezMelissa J. UlloaPhillip 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 and review our credentials.

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


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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Reyes Law Group

Reyes Law Group represents clients in a multi-disciplinary legal practice involving real estate transactions and litigation with a “footprint” that covers the State of Florida. Over the firm’s first 10 years, Reyes Law Group has closed over $100M in commercial closings, representing buyers and sellers in contract negotiations, due diligence, and the related title review and policy issuance related to closings. In litigation, the firm has commercial litigation experience focused on prosecuting or defending claims such as breach of contracts, partition actions, trade secret violations, and breach of non-competes. However, our firm’s MAIN FOCUS is assisting asset and loan portfolio managers, investors and private lenders with a “ 4-PILLAR APPROACH” to the legal challenges they face with non-performing assets: 1) LOAN WORKOUTS; 2) COMMERCIAL FORECLOSURES (across the State of Florida); 3) COMMERCIAL EVICTIONS; and 4) REO COMMERCIAL CLOSINGS.30+ years’ legal experience means - WE CAN HELP!

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