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Foreclosure Defense Lawyer

Don’t let the bank take your home without a fight.

Foreclosure Defense For All of South Florida

A knowledgeable foreclosure defense lawyer will tell you if you have fallen behind on your mortgage payments or you have been served with a foreclosure lawsuit, it is important that you not walk away and allow the bank to foreclose on your home. At the very least, you should file an Answer, which will slow the process giving everyone a chance to take a deep breath.  An experienced real estate attorney can defend a foreclosure lawsuit, based on various defenses (see articles below), resulting, at a minimum, in the homeowner keeping their home for an extended period of time until the Court determines the homeowner’s rights.

See: Loan Modification Frustration – Stop The Foreclosure Process

In many instances, the paperwork filed by the Bank or its lawyer is fraudulent, the originals are lost, or the doucments are otherwise defective. Those defects in the paperwork are allowing experienced foreclosure defense attorneys to help homeowners even after the bank has obtained a judgment against them or the foreclosure sale has already occurred. Also, when the bank loses the Promissory Note or it is not in possession of the Note (you know that has happened when the lawsuit against you contains a “lost note” count) the road for the bank to pursue the foreclosure action is made more difficult, even though the law recently changed on this issue.  Additionally, in many instances, just the filing of faulty documents by the bank and/or its lawyer is itself enough to set aside a judgment and/or foreclosure sale.  So, don’t just walk away.  Call Larry Tolchinsky today to see how he can help you.

Read: 3 Types of Foreclosure Defenses In Florida  

Why Larry Tolchinsky?

He strives to create an informal atmosphere where you know you have access to him and that your concerns will be heard and addressed. Larry has extensive experience in real estate matters for more than 20 years and is familiar with the issues homeowners are facing in today’s difficult economic times.  While you deal with the uncertainties involved in trying to avoid the loss of your home, it is advisable to seek the counsel of a Florida attorney who will be there for you and who will return your calls when you have concerns.

We defend foreclosure cases brought by Wells Fargo, Bank of America, J.P. Morgan Chase, Citigroup (CitiMortgage or CitiFinancial), U.S. Bank National Association, Deutsche Bank, One West Bank (Indymac Bank), Ocwen, PHH Mortgage, LaSalle Bank, BankUnited, SunTrust Bank, HSBC Finance, First Franklin, Option One, Fremont Investment & Loan as well as other mortgage lenders.

Foreclosure Help

Larry helps clients who are facing foreclosure by guiding them through the various issues related to the loss of their Florida real estate, including:

• Wrongful Foreclosure
• Short Sale Advice
• What to do When You Are Served
• Set Aside a Foreclosure Judgment
• Deficiency Judgment counseling
• Summary Judgments
• Foreclosure and Divorce
• Foreclosure and Probate
• Appraisal Negligence claims
• Appraiser Fraud
• Quiet Title Actions
• Short Sale Debt Collection
• Foreclosure Debt Collection
• Unfair Lending Practices
• Foreclosure Title Insurance
• Condominium Foreclosure
• Mortgage Loan Modifications
• Loss or sale of property at the Foreclosure Sale while pursing a loan modification or short sale
  
• Deed in lieu
• Defects or fraud in the mortgage foreclosure process, including lost Promissory Notes, Improper Mortgage Assignment, and the failure to be served with the foreclosure lawsuit or other documents.

We provide mortgage foreclosure defense for clients owning property in Hallandale, Miramar, Hollywood, Aventura, Fort Lauderdale, Pembroke Pines, Weston, Davie, North Miami Beach, Dania Beach and all other cities in Miami-Dade and Broward County and throughout Florida.

Strategic Default – Don’t Walk Away

Larry believes that walking away from your home (otherwise known as a “Strategic Default”) is not the preferred method of handling a mortgage foreclosure due in part to deficiency judgment and credit concerns. His preferred method for helping clients is to guide them through the short sale or mortgage modification process, if available, or other foreclosure alternatives.  If you would like more information about the alternatives to foreclosure or require the help of an experienced Florida Foreclosure Attorney, because you are facing a lawsuit, contact Larry Tolchinsky today for a free consultation.

After Foreclosure Help

Once the foreclosure process ends, most clients are left with many questions about matters such as:

• How do they find a new place to live
• Can they buy a home again and how long will they have to wait before they are able to do so
• Dealing with a Landlord
• Credit issues
• Dealing with a tax bill
• Debt collection and deficiency judgment issues

Larry is knowledgeable about these issues and can provide answers and assistance with these concerns.

Sample Foreclosure Pleadings

We guide our clients cost effectively through the foreclosure process to insure that their rights are not violated and that they have an opportunity to be heard in a court of law. To do that, we prepare, serve and file several types of documents with opposing counsel, the court and other interested parties.  We have compiled some sample foreclosure pleadings that we have used to assist our clients in working their way through the foreclosure process. 

Blog Posts of Interest Related to Foreclosure Defense (by Larry Tolchinsky):

• Wigod v. Wells Fargo: the Federal Court Case That Allows State Law Claims Against Foreclosing Banks For Failed HAMP Modification
• Florida Home Owners Who Do Nothing or Procrastinate Put Themselves at Risk of Bank’s Default Judgment. Florida Foreclosure Defense Means Filing an Answer at a Minimum to Protect Rights.
• Florida Foreclosure: If Your Florida Home is Facing Foreclosure, or If You Have an Underwater Mortgage, Then Do Not Procrastinate. Delay by Home Owners Often Means Loss or Harm
• The Need to be Savvy and Smart With Underwater Mortgages or Foreclosure Defenses Is Very Important In 2012
• Florida Foreclosure Defense and The Stigma of Foreclosure: David Cassidy Understands What Fellow Underwater Mortgage Florida Home Owners Fighting Bank Foreclosures Are Feeling – And So Should Your Foreclosure Defense Lawyer
• Florida Foreclosure Defense – Negotiating Loan Modifications With Banks Is Still Tough: Banks Try to Get Balloon Payments Instead of Cutting Home Loan Amounts and Reducing Mortgage Principal
• Foreclosure Defense Needs a Courtroom: Movement to Take Judicial Review From Foreclosure Process Means The Florida Home Owner Would Lose Right to Fight Foreclosure Before a Judge
• Florida Foreclosure Nuts and Bolts: What Happens in a Florida Home Foreclosure – The Florida Foreclosure Process in 10 Steps
• Banks Cannot Legally Foreclose Upon Real Estate Loans They Don’t Own or Can’t Prove They Own
• What is HAFA? – Can HAFA Help? – Deficiency Judgment Relief
• Can the Bank Garnish My Wages During a Florida Foreclosure?
• Homeowners Are Not to Blame for the Foreclosure Mess
• Suspected Lender Fraud Opens Doors for Homeowners Who Have Lost Their Homes to Claim Wrongful Foreclosure
• Charges against Goldman Sachs can Help Foreclosure Defenses on Main Street
• Lenders Beware – Foreclosure Lawsuits are Going to Trial!
• Foreclosure Defenses are stopping Mortgage Foreclosures
• Can the Bank Garnish my Wages after Foreclosure if they are seeking a Deficiency Judgment against me?
• Prime Borrowers in Florida are most at risk for a Deficiency Judgment
• Florida Deficiency Judgments – What is Fair Market Value?
• Walking away from your Home Mortgage – Not without Consequences
• Florida Deficiency Judgments – The Rest of the Story
• Deficiency Judgments in Florida
• Renters’ Foreclosure – Know Your Rights
• Estate is Liable for Mortgage Deficiency, Not Heirs

Want to Know More?

To learn more about Larry and his qualifications:

Florida Real Estate Lawyer

Read:

HAMP Lawsuits – Loan Modification Lawsuit: Borrowers Sue Banks for Failing to Do the Right Thing With Trial Period Plan Loan Modifications – Lenders Fail To Follow HAMP Requirements or Honor deals they offer Borrowers

Florida Mortgage Loan Modifications Denials and Modification Appeals: Submission and Re-Submitting of Loan Documents To Get Your Deal Done

Florida Bank Reject Your Loan Modification? It Seems to be Happening to Lots of South Florida Homeowners: What’s Up? Home Owners Are Suing Banks for Failed Modifications

Also Read: Setting Aside a Foreclosure Judgment

Get A Free Case Evaluation

Call (954) 458-8655

Contact Larry to find out how he can help you. You can contact him by phone at 954-458-8655 or by e-mail through this web site to schedule an appointment so he can help you with your mortgage foreclosure issue.  He offers a free initial consultation.

Do You Have a Question?

Fill out the “Talk With An Attorney” form above to ask a question or call us at 954-458-8655.  We promise to get back to you promptly.  Ask now.

In The Press:

Larry Tolchinsky contributed to a Channel 10 news story regarding deficiency judgments and short sales. Watch the video here

Larry Tolchinsky contributed to a recent USAToday article regarding deficiency judgments. Read the article here

Larry Tolchinsky contributed to a recent Bloomberg.com article regarding deficiency judgments. Read the article here

Larry Tolchinsky contributed to a recent CNNMoney.com article regarding deficiency judgments. Read the article here

Read our Latest Blog: Foreclosure Defense Blog

MUST READ: Banks Cannot Legally Foreclose Upon Real Estate Loans They Don’t Own or Can’t Prove They Own

Hallandale Florida lawyers serving those living in the State of Florida including those living in Miami Dade County and the cities of Broward County, Florida including:

Hollywood | Aventura | Sunny Isles | Miramar | Pembroke Pines | Davie | Dania Beach | North Miami  | North Miami Beach

Get A Free Case Evaluation

Call (954) 458-8655

DISCLAIMER: This website provides general information regarding legal injuries and their redress as defined by Florida law. This is provided for information purposes only and is not legal advice. It does not create an attorney-client relationship.