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.