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New Law, New Foreclosure Wave on the Horizon Means YOU Need to be Ready to Act!

It’s been predicted for months now that a new wave of foreclosure filings will kick-off the New Year.  Under the new Florida foreclosure law, effective July 1st, 2013, lenders are now required to file a foreclosure lawsuit with the express representation that they are the holder of the original note secured by the mortgage (meaning they have the original note in hand), or allege, with specificity, why they are entitled to enforce the note (for example, by proving the note was lost, destroyed, or stolen).  Once they do, the burden of proof then shifts from lenders to homeowners and investors – a significant shift.

The new requirement has led to a significant decrease in foreclosure filings throughout the remainder of 2013.  Lenders and their law firms have spent months meticulously reviewing and gathering the necessary documents to file the next generation of foreclosure lawsuits.  And file, they will!  In the meantime, borrowers now run the danger of being lulled into thinking that lenders are simply approving every loan modification request, short-sale transaction, or worse, no longer interested in filing foreclosure lawsuits.  WRONG!  The primary reason you haven’t been sued yet is simple – lenders are gathering “evidence” to assure their lawsuits cannot be readily dismissed for failure to follow the new requirements.  Moreover, since the intent of the new law is to “rocket docket” the foreclosure process through our courts, you can be assured that unprepared or unresponsive homeowners or investors will be in for a big surprise!

A mortgage foreclosure lawsuit may seem debilitating to many a homeowner or investor; yet, even with the new law, it can serve as a real starting point to a resolution.  Having a strategic or tactical approach to confronting a foreclosure lawsuit is critical.  At the Reyes Law Group, we 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 fight to 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 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.

The hiring of a lawyer is an important decision that should not be based solely upon advertisement.  Before you decide, ask us to send you free information about our qualifications.

Written by Reyes Law Group