In the state of Florida, someone who is facing foreclosure on their house cannot have their property sold off to pay debts that are owed until the lender obtains a court order permitting the sale. That said, before a court order can be obtained the lender has to file a lawsuit against the borrower first. The term for this is judicial foreclosure. It does not necessarily provide relief or protection from foreclosure but it does provide other protections that could prove critical for homeowners in Orlando that those in other states may not have.
No one should ever try to enter into a foreclosure lawsuit without competent and experienced legal counsel representing them. Attorneys who have experience fighting foreclosure cases understand that there are two approaches that can be taken in defense of a foreclosure suit. The first approach is known as a vigorous defense which assumes that the onus to provide evidence proving each part of the case falls on the lender. In other words, the burden of proof lies with the lender. The other approach is known as an aggressive counterattack which is generally used if it is believed that the lender has violated regulations or laws that apply to them.
When a lender makes a move to foreclose on a home, defending that foreclosure often allows the borrower to buy time. More importantly, though, it can be a means by which the lender is forced to negotiate with the borrower as a sign of good faith. This is an ideal scenario because it is something of a win-win for all parties involved. The bank still gets some of the money owed for back-mortgage payments and the borrower gets to keep his or her home. The only way to ensure the best possible outcome from a foreclosure from a borrower’s standpoint is to consult an experienced foreclosure attorney.
