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Foreclosure
When individuals are faced with financial hardship, falling behind on mortgage payments may be inevitable. If a person has stopped paying for several months, the lender will accelerate the entire mortgage debt owed and will initiate legal foreclosure of the property. When a person is in default, it is important to consult with a real estate attorney to discuss several options that are available to either avoid or decrease the impact of a foreclosure. Allen Law, P.A. offers a free* initial consultation which can help individuals to determine which of the options below is best suited to meet their specific needs.
If served with a foreclosure complaint, individuals have 20 days to respond. However, Allen Law, P.A. can assist individuals at any stage of the foreclosure process. It is strongly recommended to hire an attorney to aggressively defend a foreclosure, which may prove beneficial where there are defenses against the lawsuit, such as lack of standing or violations of Florida and Federal law. While the attorney engages in a legal battle against the lender, persons can consider the following options:
- If a person wants to keep their property, such options may include an attempt to workout the loan to obtain a modification, or filing for Chapter 13 bankruptcy to pay the mortgage through an approved payment plan, or
- If a person faces difficulty in continuing to pay the mortgage, then the recommendable options may include:
- The sale of the property through a short sale;
- The return of the property to the lender through a deed in lieu of foreclosure; or
- The filing of Chapter 7 bankruptcy to surrender the property and discharge any mortgage debt associated with such property.
Regardless of the option chosen, it is important to consult with an attorney to determine the legal, tax, and credit reporting implications of each course of action. Allen Law, P.A. can help provide a legal defense for individuals faced with foreclosure so that persons living in the property (including tenants) are spared from the shock of a sudden eviction by the lender. You may contact us for a free* initial consultation with a real estate attorney.
Karla Carnes Allen of Allen Law, P.A.
10019 Park Place Ave. | Riverview, FL 33578 | Phone: (813) 671-4300 | Fax: (813) 671-4305
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Allen Law, P.A. proudly serves clients in the cities of Tampa, Apollo Beach, Bartow, Beach Park, Bloomingdale, Brandon, Brooksville, Carrollwood, Dade City, Gibsonton, Clearwater, Dunedin, Gulf Port, High Point, Hyde Park, Inverness, Kissimmee, Lakeland, Largo, Lealman, Lutz, Mango, New Port Richey, Northdale, Oldsmar, Palm Harbor, Plant City, Pinellas Park, Riverview, Ruskin, Seminole, St Petersburg, Seffner, Sun City Center, Tarpon Springs, Town 'n' Country, Thonotosassa, Valrico, Winter Haven, and Zephyrhills; in Hillsborough County, Pinellas County, Citrus County, Hernando County, Pasco County, and Polk County; and throughout Florida.
* Most initial consultations are free for the first thirty minutes; however, some consultations may require a nominal fee that may be credited toward your retainer if you decide to engage our services. Consultations which exceed thirty minutes also may require a nominal fee based on a reduced hourly rate. Initial consultations are extended to first time potential clients on a firm wide basis. Please contact this office in order to determine if your particular issue will require a consultation fee. In the event that you arrive at our office and the legal issue as presented by you does not fall into the practice area where a free consultation is provided, Allen Law reserves the right to charge a fee at that time prior to meeting with you. The purpose of an initial consultation is for the attorney to advise you, the prospective client what, if anything, may be done for you, and what the minimum fee therefore will be. The purpose is not to render a definitive legal opinion as it may be impossible to fully assess a matter within the time frame allotted for a consultation or with the (information or documents) that you may be able to provide at the initial consultation; therefore, the information provided to you at your initial consultation will be general in nature. If you seek specific legal advice, Allen Law, P.A. will be happy to render a legal opinion with regard to your matter at our regular hourly rate.
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