Motion To Stop Foreclosure Sale Florida

Florida practices a judicial foreclosure process, this means your lender has to send a report to the court and wait till it is approved before they can foreclose your home. According to Florida law, mortgage foreclosure cases must be handled in a court of equity, this is to promote fairness and prevent lenders from treating homeowners unfairly. The court permit homeowners to raise defenses and fight the case if they feel cheated or have proved of unfair treatment that could stop the foreclosure.

A foreclosure case is handled by a judge, not by a jury, therefore, it can be difficult to convince a judge if you lack solid defenses. At this point, you should consider hiring a lawyer to help you review your loan agreement and look for loopholes that can be used against the lender as a form of unfairness. You want to use every evidence you can find including insufficient notice since the law require that your lender must notify you anytime you default on your payment before they can have your home foreclosed.

Apart from helping you to review your loan agreement, you should also consider having a lawyer represent you in court. Challenging top lending institutions in court can be more stressful than it sounds, remember the attorneys that will be representing your lender will be to experts, so consider facing them with your own lawyer.

If you can’t find any effective defense to use against your lender in order to stop foreclosure, you can proceed to file for bankruptcy. You can file for bankruptcy online, however, it is advisable you let a lawyer handle this for you to prevent costly mistakes. Once your request is approved, an automatic stay order is given by a court and all lender’s collection activities are stopped immediately and this includes foreclosure.