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Miami Federal Foreclosure Defense Attorneys

A foreclosure in Florida is a judicial process that starts when the bank files a lawsuit in court. Before the bank can foreclose on your home, they must establish in court that they have done everything properly, and a foreclosure is appropriate. But oftentimes banks don’t do everything properly, and a foreclosure isn’t appropriate. At Charlip Law Group, LC in Miami, we investigate every aspect of the mortgage transaction to see whether you may have a strong defense against foreclosure or a valid claim of wrongful foreclosure. Below is a look at some of the federal laws which may protect homeowners from foreclosure when the lender has not complied with federal legal requirements. Contact our experienced Miami federal foreclosure defense attorneys today, let us help you.


Before Congress enacted the Real Estate Settlement Procedures Act (RESPA), it was not uncommon for lenders and settlement service providers to enter into kickback schemes at the buyer’s expense. Under RESPA, lenders are required to provide a good faith estimate of the cost of the loan to the home buyer. RESPA also limits the amount which can be charged for certain fees in connection with obtaining a loan. If you were overcharged on your loan, or if you were not given the required disclosures when you made the loan, you may have a valid, strong defense that the lender should not be able to foreclose on this mortgage.


Another law that requires lenders to disclose information about a loan in a clear, understandable manner is the Truth in Lending Act (TILA). TILA applies to all forms of credit, including home mortgages. TILA and the regulations passed under the law, known as Regulation Z, require clear disclosures and explanations concerning the costs and terms of the loan and other matters. You should know what the true, actual cost of your loan is before you sign the papers, and if you were not given the right information at the time you obtained your mortgage, you may have a defense if the bank tries to foreclose on the mortgage.


The Uniform Commercial Code (UCC) covers many different types of sales and other commercial transactions. Although not specifically related to home purchases like RESPA or mortgages and credit like TILA, a violation of a UCC provision may be used to prevent a foreclosure.

Fight Wrongful Foreclosure and Stay in Your Home

When the bank comes and tries to take your home, there may be claims and defenses available that an attorney can help you with. At Charlip Law Group, LC in Miami, we help homeowners throughout the state of Florida fight wrongful foreclosures and stay in their home. If you have received a notice of default, call our office right away to discuss your options with a knowledgeable and experienced Miami foreclosure defense attorney.

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    What our clients are saying

    • I had a class action suit to file, and needed to find representation in Florida. My case was complex, and in an industry most people don't know much about. After consultations with two other firms who both declined my case, Charlip Law Group was my next call. David spoke to me personally, and he was the first attorney that actually understood the issue. We had a strong case, and in the end all class members that participated ended up with 100% indemnification and it was no small amount either. Make Charlip your first call." — Client
    • A good friend recommend David to me at a moment of need. From our first meeting I hired him as my attorney. Not to know at the time what I had just done. Well after 25 years of handling all my legal matters and belive me their have been a few and in all aspects I am very secure today knowing I have David by my side. Besides being a brillant attorney that he has showen me time after time. I feel confident in him for I know I can trust him. He always puts my best interest first and advices me acording. Today I am proud not just to call him my lawyer because he is my friend."— Happy Client
    • David Charlip "Great Smart Lawyer". When it comes to lawyers, I am very critical of their performance. Mr. David Charlip from Charlip Law Group , is a the kind of lawyer you hope to find and rarely do. He is very smart, skilled and knowledgeable about RESPA & TILA rights and foreclosures. He has been defending my case for the last 3 years against predatory lender and still going. I wholeheartedly recommend Mr. David Charlip because in two very difficult times he was able to get a favorable outcome . He and his office team makes you feel like you are his VIP client, no question is too small, and he takes as much time as necessary to assist you in successful resolution of your case."— Seffar, Foreclosure Client
    • Excellent Attorney. Mr. Charlip's analytical ability and years of experience enable him to provide thoughtful, thorough, and, most importantly, practical legal advice regarding a wide variety of benefit law issues. He listens carefully to client questions and comments and he responds quickly and clearly with analysis and advice aimed directly at the issue."— Marina, Real Estate Client
    Charlip Law Group L.C.

    Charlip Law Group, LC is located in Brickell - Miami, Florida and serves clients in and around North Beach, Miami Beach, Miami, Hialeah, Opa Locka, Dania, Key Biscayne, South Beach, Fort Lauderdale, Hollywood, Broward County, Miami-Dade County, and Palm Beach County.

    Charlip Law Group, LC is located in North Miami, FL and serves clients throughout Florida for 1st party insurance claims.

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