South Florida Attorney Offers Foreclosure Defense Services to Struggling Homeowners

August 10, 2009 by David S. Seltzer

Florida has been hit hard by the housing bust, with the third-largest rate of foreclosures in the nation and plummeting housing prices. And according to an Aug. 4 article in the South Florida Sun-Sentinel, federal government efforts to encourage loan modifications have fallen flat, with fewer than 9% of eligible loans modified under the federal Making Home Affordable program and 15% of eligible homeowners receiving an offer of a loan modification. Troubled homeowners trying to take advantage of the program report getting the “runaround” from their banks, with their phone calls ignored, endlessly transferred or even hung up on; paperwork lost one or more times; incorrect information or denials from lenders; and months of delay, during which foreclosure proceedings continue.

In response, I am pleased to announce that I offer foreclosure defense services to homeowners throughout Florida, both from my own Miami office and through my seven-office law firm, Balliro, Galasso, Leskovich & Seltzer. Our Fort Lauderdale foreclosure defense lawyers can get the bank’s attention, even if the homeowner has been trying unsuccessfully for months, precisely because we are lawyers. If necessary, we will file a Florida foreclosure prevention lawsuit right away to stop the foreclosure process, giving clients time to negotiate a real, sustainable loan workout or decide on another plan that minimizes the damage to their financial lives and their families.

For months now, our Miami foreclosure defense attorneys have followed story after story in the media from homeowners whose efforts to help themselves have been ignored by their loan servicers. A New York Times article from June detailed the misadventures of one loan modification company employee who was told to submit documents a fourth time after the bank lost her first three submissions. A colleague down the hall was later hung up on when he tried to get to the bottom of a similar problem. Another article in the Florida Times-Union detailed the struggles of a Jacksonville homeowner who waited months for a loan modification, only to be denied because of the kind of loan she had -- something the bank knew about from Day One. A real estate professional quoted in that article alleged that lenders prefer to allow foreclosures because it’s better for their bottom lines than setting up a payment plan.

I believe my status as a South Florida foreclosure defense lawyer can cut through this red tape. No reputable attorney or loan modification company will guarantee a successful loan modification -- but because banks know attorneys will sue to protect their clients’ rights, they tend to pay attention. In fact, we review every new client’s loan history for evidence of illegal predatory lending practices, such as writing loan terms into a contract when they were not discussed in verbal negotiations. Predatory lending is a particularly big problem among people with subprime or exotic loans, including adjustable-rate loans, as well as with borrowers whose first language is not English. We will sue to invalidate any loan that evidence shows was originated under illegal or questionable circumstances, stopping foreclosure right away in many cases.

Unlike banks motivated by profit -- or the need to at least appear profitable -- an Orlando foreclosure defense attorney is an advocate who is explicitly on your side. That’s extremely important when you’re up against a large bank or loan servicer with millions in profits and a small army of lawyers. I can promise that I will work my hardest to keep my clients out of foreclosure and secure a loan modification that actually lowers their mortgage payments, for good.