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At Charlip Law Group, LC our Miami Foreclosure Defense attorneys will provide you with aggressive representation and realistic economics-based counseling coupled with the knowledge and experience drawn from almost 40 years of foreclosure defense trial practice to assist you to save your home or successfully navigate through the foreclosure process to a positive financial outcome. Our multilingual staff will deal with your issues promptly and always keep you timely informed about the progress of your case.
At Charlip Law Group, LC our Miami foreclosure defense attorneys will provide you with knowledgeable representation and focused and insightful counseling derived from almost 40 years of foreclosure trial practice. We recognize that a foreclosure action, from the lender’s perspective, is all about economics. To that end, we apply our concept of foreclosure economics to leverage your position against the lender, while at the same time talking to the lender in the language it understands – economics. Our multilingual staff will deal with your issues promptly and always keep you timely informed about the progress of your case.
Why are we different from other Florida foreclosure defense law firms? It starts with our personal service and focused analysis on the details of your case and situation. At our firm, you are not just one of thousands of other clients with cases, you are someone we care about on a personal level whose trust in us and help you seek honors and humbles us. We work very hard on your behalf to uphold the trust and confidence you have placed in us to obtain the best result possible for you. To that end, we only accept clients for whom we believe we can obtain a result that will provide them satisfaction and a suitable outcome for their specific situation.
Fortunately for you, we can offer you the highest level of legal services available. Mr. Charlip was an honors graduate of the University of Florida School of Law, Executive Editor of the Law Review, Board Certified Civil Trial Lawyer, Florida Civil Law Notary, and has almost 40 years of civil jury trial and appellate experience. There’s a reason we’re ranked among the top foreclosure defense firms in Florida – we’re not afraid to fight in court to win your foreclosure trial or to appeal any adverse judgment. Our results speak for themselves – lenders have already paid us hundreds of thousands of dollars in attorney’s fees based upon our successful foreclosure trial wins and/or appellate reversals!
From the very beginning, we develop an evidence-driven case law-supported creative and effective strategy that is designed to achieve a favorable conclusion to your case. Every step of the way, we can be there by your side providing the aggressive yet compassionate support you need.
Reach out to us 24 hours a day, 7 days a week for a free case evaluation for any foreclosure case or property located anywhere in the State of Florida. Call now (305) 354-9313.
The first thing you should do is to contact your lender to see what programs may be available to defer or suspend your payments or otherwise offer COVID loss mitigation. To apply for such relief or otherwise seek a mortgage modification or short sale, you will need to have your financial records such as bank statements, tax returns, personal financial statements and payroll records organized and available, updated monthly – get started doing that right away. You understandably will have questions about your options – can you keep home, for how long, at what cost, if you can’t, what exit strategy is available, what deficiency might be owed to the lender? To answer those questions, you need to consult with an experienced foreclosure defense lawyer, such as David H. Charlip, B.C.S., Esq. to discuss a viable foreclosure defense strategy. To potentially both understand the fair market value of your home as well as to get a head start on meeting the lender requirements for a short sale, you should consult with an experienced short sale realtor, such as David H. Charlip, to discuss your home value, time it might take to find a buyer and how a short sale might be achieved.
Payment is only one of many defenses available to a borrower defending a foreclosure action. Other defenses, without trying to be all-inclusive, include lack of standing of the lender, failure to prove its case, failure to prove compliance with the lender’s loss mitigation requirements, and failure to produce the original note or account for its loss. Many of these defenses are legally technical and require the knowledge and experience of a skilled foreclosure defense lawyer to determine, usually only after obtaining fact discovery during the course of the foreclosure action.
By defending the foreclosure action, potential outcomes could include a mortgage modification, a short sale, a deed in lieu of foreclosure, a consent foreclosure judgment with deficiency being waived, a successful foreclosure trial defense or a successful appeal resulting in the overturning of a lender’s foreclosure judgment.
You will never truly know if there is a way to save your house unless you defend the foreclosure. If you choose not to defend the foreclosure, the outcome is more or less certain and preordained – the lender will obtain a default foreclosure judgment and will sell your home at a foreclosure sale and that will likely occur within 90 -120 days from the date you are served with the foreclosure lawsuit. By defending the case, you get to evaluate the strength of the lender’s case, you get to buy critical time to try to better your financial circumstances, you get to potentially build leverage against the lender and you get time to potentially reach a short sale of your home to avoid a deficiency and a foreclosure judgment on your credit.
Foreclosure economics” is what Charlip Law Group, LC refers to as its proprietary strategy developed by David H. Charlip, B.C.S, Esq. to both to analyse a client’s economic situation and viable options in defending a foreclosure, developing a defense strategy to the foreclosure and ultimately utilizing the foreclosure to your ultimate economic advantage. Without getting too technical, it is a way to determine and analyse the typical foreclosure variables of time to outcome, fair market value of the home, amount owed on the mortgage, type of loan, monthly payments, other liens, home equity, financial viability of borrower, cost of defense and strength of the lender’s position. At Charlip Law Group, LC, we recognize that lenders view foreclosures as an economic problem to be solved. Those economics give the borrower a certain degree of leverage that can be employed against the lender to create a positive economic outcome for the borrower, if the borrower both plans and manages the economics properly.
Charlip Law Group, LC typically charges a $1,500.00 retainer that covers the client’s payment obligations for the first three (3) months of foreclosure defense representation. Thereafter, payments are capped at $500.00 per month against attorney and paralegal time billed at our then pending hourly rates.
There are defenses to foreclosure. There are loss mitigation options as well. You may not have to lose your home. You should fight to save your home from foreclosure, and Charlip Law Group, LC can help.
Call our Miami foreclosure defense attorneys now for a free consultation
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Mr. Charlip is also one of only approximately 135 Florida Civil Law Notaries. He has managed and litigated cases across the country in states such as Florida, California, Washington, Missouri, South Dakota, New York, Wyoming, Nevada, Indiana, Massachusetts, New Jersey, Illinois, Maine, Louisiana, and New Hampshire, to name a few.
Mr. Charlip has shaped foreclosure law through his trials and appeals of foreclosure cases and has been instrumental in advancing the law related to the cause of action for wrongful foreclosure in Florida.
As a thought leader in many areas of the law, he is a sought after speaker and frequent resource for the media, featured in The New York Times, Newsweek, Florida Trend, Channel 7 news, Miami Herald, Sun Sentinel, and Palm Beach Post to name a few.
Mr. Charlip has a primary goal – high quality, innovative legal work based on the cutting edge of the law that places the client’s needs first and wins cases. Throughout his legal career, Mr. Charlip has always advanced and secured his client’s interests with high integrity by adapting and even helping create laws to his client’s unique circumstances and positions. Charlip Law Group, LC, embodies and advances that philosophy while continuing Mr. Charlip’s standards of high quality legal representation.
Mr. Charlip received his Juris Doctor degree from the University of Florida with Honors where he was the Executive Editor of the University of Florida Law Review. He is admitted to both the Florida and New Jersey Bar, and is admitted to practice before the U.S. District Court, Southern District of Florida, including Trial Bar, Middle District of Florida, District of New Jersey, the Eighth Circuit U.S. Court of Appeals and the Eleventh Circuit U.S. Court of Appeals. Mr. Charlip is the author of numerous scholarly articles and is known nationwide.