Monday, November 13, 2017

Important Information On Florida Foreclosure Defense

By Daniel Ross


Undergoing a foreclosure means a state in which you lose your property legally to the lender that lent you financial loan or mortgage when you default payment or you have not been able to raise repayment money. This property in most cases is the one that the lender lent to you or the one that you used as security or collateral for the said loan. The lender does this so that he recovers the remaining balance. However, if you do not want to lose your property, you embrace Florida foreclosure defense.

The foreclosure process has led to many people losing their properties. This has been contributed by ignorance and failure of people to take actions when they are faced with financial constraints and difficulties. Sitting back to wait and see what will happen is one of the major foreclosure contributing factors.

Nevertheless, ignorance is a dangerous step to take when faced with such situations. Other people think that the process cannot be undertaken once there are delays. Nonetheless, resorting to an immediate action when faced with financial challenges limits the possibilities of losing the property.

You can defend your property or simple and honest mistakes that the lender has committed. Mistakes such as the omission of some information or a clause that is crucial, if the notice was not properly issued or timed, any misspelling of words or figures among other simple mistakes.

The crediting companies also may make mistakes in deductions. The money may even be deposited in the wrong lender account due to multiple companies being in the market. When this information is retrieved, the borrower can use the information to indicate that the mistake was not his and therefore he is not liable of losing his property. Also, if the company initiating this process is unable to show proper financial records, the borrower can use that weakness as a defense mechanism.

Other available mechanisms that may be relied on in defending against property loss include proving that the interest rate imposed by the lender or that charges on your mortgage violates the laws in your state or is far much above a recommended level. When determined that the charges and representations imposed are false, deceptive, or contravene the laws, your property is protected against any takeover by the lender.

You can also use the interest charged to defend yourself from losing the property. If you prove beyond reasonable doubts that the interest charged by the lender is not in accordance with the state law, this can be used as evidence to stop him from taking the property. If the representations he used were false, fake, deceptive and against the law, this information will be used to defend the property from being taken.

You can also challenge the lending truth used by a lender in a law court. State laws demand that every lender should disclose all information, charges, terms, and conditions regarding money or mortgage lent to the borrower before he can sign contract papers and documents. If you discover hidden charges that you were not informed of before signing the contract, you can use this information to defend your property. Lack of ownership proof, false information, and invalid affidavits can also be used against the foreclosure.




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