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Carter Foreman | Attorneys At Law
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3 potential foreclosure defenses

On Behalf of | Oct 10, 2022 | Foreclosure |

Foreclosure is a scary prospect. However, the process of foreclosure in Florida is judicial. As the borrower, you have an opportunity to defend yourself from the lender’s complaint and prevent foreclosure.

Continue reading to learn about three common defenses against foreclosure. You have certain rights that prevent a lender from taking your home without a judicial decision.

1. Improper notice of default

Depending on the loan documents you signed, the lender usually must provide a notice of default. In Citigroup Mortgage Loan Trust Inc. v. Scialabba, the courts initially dismissed the foreclosure complaint due to a lack of information. However, the courts reversed the decision upon further review because they found the lender sent the notice to a valid address. To prove you did not receive a message, you must demonstrate the lender either did not send a proper notice or sent it to an address you do not use.

2. Statute of limitations

According to Florida Statutes, the statute of limitations for foreclosures is five years from the default date. Remember that the timelines start from your most current default. So, if you defaulted over five years ago but then defaulted again within five years, the statute of limitations does not come into effect.

3. Unclean hands

Florida law demands that all foreclosures are equitable. This means if the lender uses concealment, overreaching or some other underhanded technique against you, the courts might file a motion to dismiss the case.

The defenses described above are only three options for homeowners facing foreclosure, but they are your only choice. Keep track of your finances and any dealings with the lender. Their conduct and transparency might affect your ability to defend against foreclosure.