Updated: Apr 20, 2020
When you learn that your mortgage lender has initiated a foreclosure action, it is natural to feel helpless and to assume you are going to lose your home. However, in Florida, foreclosure is a judicial process, and homeowners who are defendants have important legal rights. If you are facing foreclosure, you should immediately call a foreclosure defense lawyer in Boca Raton.
The following are some important rights of defendants in foreclosure actions:
Right to defend – As in any judicial proceeding, the defendant has the right to defend against the claim, as well as the right to have defense counsel. It is important to have an experienced Boca Raton foreclosure defense attorney handling your case to ensure you present the most aggressive and effective defense possible.
Right to discovery – As part of the litigation process, you have the right to request documents and information from the plaintiff who filed the claim. In foreclosure cases, it is critical to request the original note from the lender. Without the original note, the lender does not have standing to bring the foreclosure, with few exceptions.
Right to proof of the claim – A mortgage lender has the burden to prove that you failed to pay your mortgage by a preponderance of the evidence. If they do not meet this burden, they should not prevail in the foreclosure.
Consult with a Foreclosure Defense Lawyer in Boca Raton
The above are only some of the many rights that homeowners have in Florida foreclosure cases. It is important to defend your home ownership rights with the help of the Law Office of Eleni Noble Zarbalas, P.A. If you believe a foreclosure case might be in your future, please do not hesitate to call 561.981.2685 or contact us online to have our Boca Raton foreclosure defense attorney assist you today.