Since the recession of 2008, foreclosures have become much more common than before. Luckily, there is a new legal practice area for lawyers to help homeowners keep their homes. Lawyers combine many facets of their knowledge to help you keep your home.
Five Common Defenses
Standing is one of the tactics. The entity filing the suit must be the proper party to enforce the note and foreclose the mortgage.
Acceleration would be the next tactic. A note is what is called an installment contract. One party lends money and the other makes periodic payments. If the responsible party fails to live up to their end of the bargain, the lender can sue for past due amounts.
Damages. As part of any civil lawsuit for money, including breach of contract, the plaintiff must prove damages.
Evidence. Lack of evidence can cause any case to collapse. Lack of evidence can cause any case to derail.
Second Lawsuits. In every other practice of law, once the case is closed, that is the end of it. However, in Florida, the Supreme Court of the state has decided that banks can have as many chances as they like as long as they can claim a different date on the defaults.
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