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Florida State Foreclosure Defense Attorneys

Florida is a judicial foreclosure state, meaning that the foreclosure process occurs under the supervision of the courts. Before the bank can take your home, they must file a complaint in court and serve you with a notice of the proceedings. This is your opportunity to show the judge that the attempted foreclosure is wrongful and should not be permitted. At Charlip Law Group, LC, you will find an experienced Miami foreclosure defense attorney who is skilled and knowledgeable in the variety of claims and defenses you may have available to fight a foreclosure in Florida. Below is a quick look at some of the most common state law claims that can be used to contest a foreclosure in Florida courts.

Title and Possession Claims

It may seem obvious, but in order for the lender to have the right to foreclose on your property, it must actually hold the mortgage or note that it claims you are in arrears on. In today’s modern world of finance, however, this is not so simple. Your mortgage may have been securitized, which means it was bundled together with countless other mortgages to create something called a mortgage-backed security, which may have then been sold many times over to ever larger pools of investors. Your mortgage may even have been chopped up into pieces so that different securities with different levels of risk tolerance could be created. Does your bank still hold the note, or do they even know who does?

If your mortgage has been securitized, it may be hard for the original lender to produce the note and prove that it actually has a claim to the title of your home as security for the loan it made. In a suit to quiet title, if the bank cannot prove that it holds legal title to the property, it can be prevented from asserting a claim to the title through foreclosure or other means.

Fraud and Predatory Lending

Agents, brokers and lenders all have a fiduciary responsibility to the borrower. This means they are in a position of trust and are required to deal with you honestly, in good faith, and in your best interests. If one of these parties breached its fiduciary duty to you, you may have options regarding the loan. In addition, the Florida Fair Lending Act prohibits a long list of activities which are considered unfair, deceptive or fraudulent in the making of a loan. These prohibitions include activities such as making a loan that the bank knows the borrower does not qualify for or cannot meet, or failing to disclose important terms of the loan, such as variable interest rates or balloon payments. If you were the victim of fraud or predatory lending regarding your home mortgage, you may be able to renegotiate more favorable loan terms or get out of the loan altogether.

Thorough, Comprehensive Foreclosure Defense in Miami and beyond

At Charlip Law Group, LC, we take every step necessary to protect your interests, like recording a lis pendens on the property when a quiet title suit or other action is underway. Lenders have been known to sell homes to third parties, even while a title dispute was pending in court. If the new buyers purchase the home without any notice of a problem with the title, it may be difficult to get the home back from them, even if you were successful in your suit against the lender. Recording a lis pendens with the property puts any potential buyer on notice that an action is pending regarding title to the property. Contact our experienced Miami & Florida foreclosure defense attorneys for more information.

When you retain the assistance of Charlip Law Group, LC to defend your home against foreclosure, we will thoroughly investigate all of your options under state and federal law and fight to make sure you are not the victim of a wrongful foreclosure. In Miami and throughout Florida,

call Charlip Law Group, LC at 305-354-9313.

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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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