This page was written, edited, reviewed & approved by Emil J. Fleysher following our comprehensive editorial guidelines. Emil J. Fleysher, the Founding Partner, has 15+ years of legal experience as a bankruptcy attorney. Our last modified date shows when this page was last reviewed.
If you’re behind on your mortgage payments, you're not alone. Many Florida homeowners fall behind due to job loss, illness, or unexpected costs. When the bank starts the foreclosure process, it can feel like you’re out of options. But that’s not true. With the right help, you can fight to keep your home.
Fleysher Law Bankruptcy & Debt Attorneys helps people just like you. Our team knows how to handle foreclosure lawsuits, deal with the bank, and protect your rights. We focus on foreclosure defense, bankruptcy law, and real estate law so we understand what’s at stake.
We work hard to stop foreclosure proceedings, fix your financial situation, and give you time to recover. The sooner you act, the more we can help. Whether you need a plan to save your home or explore your options, our law firm is here for you.
Florida uses a court-based system for foreclosure. This means the lender must go through the court to take your home. Here’s what that process involves.
Florida is a judicial foreclosure state. That means a lender must file a lawsuit in court to begin the foreclosure process. This gives you the chance to respond and fight the case. You don’t lose your home right away.
The court gives you time to answer the foreclosure lawsuit. If you don’t answer, the court can grant a default judgment to the lender. That’s why working with foreclosure defense lawyers is so vital. They know how to file legal responses, challenge mistakes, and use defenses to protect your home.
Having an experienced foreclosure defense lawyer by your side helps you understand your rights. They can look at your mortgage, the lender’s actions, and your overall financial situation. This is your chance to push back against errors, unfair practices, or illegal fees. If you respond in time, you may be able to stop the foreclosure proceedings or delay them while you find another option.
Here’s how the foreclosure process starts in Florida:
Before a foreclosure lawsuit starts, the lender usually sends a notice of default. This is a formal warning. It tells you that you’ve missed mortgage payments and gives you a short time to catch up. If you don’t pay or respond, the lender can take legal action.
The next step is filing the lawsuit. This is done in the county where your home is located. The court sends you a summons and complaint. These documents explain the lender’s claim and give you a deadline to reply. If you don’t answer in time, you may lose your chance to defend your case.
This stage moves fast. That’s why it’s so important to consult with a foreclosure attorney right away. A good lawyer can file a response, raise defenses, and explain your legal options. At Fleysher Law Bankruptcy & Debt Attorneys, we act fast to protect your home.
When you’re served with a foreclosure lawsuit, you have the right to respond. This is your chance to fight back and tell your side of the story. Florida law gives you 20 days to file your answer in court. If you don’t respond, the court may automatically rule against you.
In your response, your lawyer can raise legal defenses. These might include mistakes in your loan, missing paperwork, or unfair fees. Your attorney might also challenge whether the lender followed all the rules required by foreclosure law.
Responding on time is key. Once the court hears your side, you may be able to delay or stop the sale of your home. You might also find other solutions, like a loan modification or a new payment plan. Our law group knows how to handle these cases and fight for better outcomes.
Many Florida homeowners face foreclosure for reasons beyond their control. Even people who once made steady mortgage payments can fall behind when life changes suddenly. Some of the most common causes that lead to missed payments and foreclosure proceedings are:
Losing a job or having your hours cut can quickly make it hard to keep up with your mortgage payments, especially when you still have to cover food, utilities, and other basic needs. For many people in Florida, missing even one paycheck can create a domino effect that leads to missed bills and foreclosure notices.
Even if you're trying to find a new job or working part-time, the reduced income often isn’t enough to stop the foreclosure process once it starts. In these situations, working with foreclosure defense lawyers can help you find temporary relief or a more manageable payment plan while you get back on your feet.
When a medical emergency strikes, your focus is on getting better, not on paying the mortgage. But medical bills can pile up fast, especially if you don’t have insurance or need long-term treatment, and many families find themselves choosing between health care and housing.
Even a short hospital stay or surgery can cost thousands of dollars, and if your income also drops because you're unable to work, you can fall behind on your mortgage debt quickly. Our law firm understands that illness shouldn’t cost you your home, and our foreclosure defense team can help you find real options.
A divorce or major change in your family, like a separation or death, can make it hard to manage a mortgage that once made sense for two incomes. One person may move out, while the other is left trying to keep up with payments that are no longer affordable.
Also, legal fees, child support, or spousal support can stretch your budget even more, and that can cause you to miss mortgage payments and fall into the foreclosure process. If your home is at risk, our foreclosure attorneys can help you explore your options, from loan changes to selling the property in a way that protects your credit.
Some Florida homeowners have adjustable-rate mortgages, which means the interest rate (and the payment) can go up over time. When rates rise sharply, monthly payments can jump by hundreds of dollars, leaving homeowners unable to keep up with the new amount.
This surprise increase often hits families who were already on tight budgets, and once they miss a few payments, the foreclosure proceedings begin. At Fleysher Law Bankruptcy & Debt Attorneys, we’ve helped many people in this situation and know how to look for lender errors or explore solutions to stop the foreclosure process.
Sometimes, the value of a home drops so low that the owner owes more than the house is worth. This is called being “underwater,” and it can make it feel like you're stuck paying on a loan you’ll never catch up on, especially if the market keeps falling or you want to sell the home.
In these cases, people often stop paying because they don’t see a way out, which triggers foreclosure. However, with the help of our foreclosure defense lawyers, you may be able to negotiate with your lender or explore options like a short sale that avoids court and protects your future.
If you're behind on payments or already facing a foreclosure lawsuit, working with a skilled foreclosure defense lawyer gives you a better chance to protect your home. Here's what a good attorney can do for you.
One of the first things a foreclosure attorney does is carefully look at everything the lender has done so far to make sure they followed all the rules. In many cases, lenders rush through the foreclosure process and skip steps they are legally required to take, like sending proper notices or applying payments the right way.
A seasoned lawyer will know exactly what to look for and will study the loan documents, court filings, and payment records to spot mistakes. If the lender broke the law, your law firm can use that to your advantage in court and possibly stop or delay the foreclosure proceedings. At Fleysher Law Bankruptcy & Debt Attorneys, we always take the time to investigate every detail because even a small mistake can make a big difference.
In some foreclosure cases, the lender may not be able to prove they have the legal right to take your home. This can happen when your loan has been sold or transferred between banks, and they no longer have the proper documents to show they own the mortgage or note.
Your foreclosure defense lawyer can ask the lender to prove ownership and check if the documents are complete and accurate. If something is missing or incorrect, your lawyer can raise that issue in court and try to stop the foreclosure lawsuit from moving forward. With the right strategy, you may even be able to get the case dismissed entirely.
Once the foreclosure lawsuit begins, time matters. A foreclosure defense attorney can quickly file legal responses to protect your rights and prevent the court from giving the bank a default win. If there are errors or missing information in the lender’s case, your lawyer can file motions asking the court to dismiss or delay the case.
These court filings give you more time to work out a solution, whether it's catching up on payments, modifying your loan, or preparing to sell the home. At Fleysher Law, we take swift action because we know that fast responses can make a big difference in the outcome of your case.
Having a lawyer by your side at hearings gives you someone to speak up for you in front of the judge. Your foreclosure defense lawyer knows how to argue your case, respond to the lender’s claims, and ask the court for more time or better terms. This support can take a lot of pressure off you during a stressful time.
A good lawyer also knows how to talk to the lender’s attorneys outside the courtroom. These negotiations can lead to deals like loan modifications or payment plans that stop the foreclosure process. With a strong law group like Fleysher Law Bankruptcy & Debt Attorneys, you get competent help at every step.
Sometimes, the best option is to avoid the court process entirely and work out a different solution with your lender. Your attorney can explain all the possible alternatives, like loan modification, mortgage forbearance, a short sale, or even bankruptcy, to stop the foreclosure proceedings and give you more control over your future.
At Fleysher Law, we look at your full financial situation to help you find the option that fits best. Whether you want to keep your home, reduce your debt, or move forward without lasting damage to your credit, we are here to guide you.
Can Florida Foreclosure Lawyers Stop a Foreclosure Sale?
Yes, Florida foreclosure lawyers can sometimes stop a foreclosure sale, but timing is very important. If you act early, they may be able to file paperwork, raise legal defenses, or even ask the court to delay the sale. At Fleysher Law Bankruptcy & Debt Attorneys, we’ve helped many people pause or stop the process through skilled legal action and negotiations.
What Is the Difference Between Foreclosure Law and Other Types of Litigation?
Florida foreclosure law focuses on protecting homeowners from losing their homes, while other legal areas, like commercial litigation or civil litigation, deal with business disagreements or personal injury claims. Foreclosure cases often involve different rules, court procedures, and time limits, which is why it’s helpful to hire lawyers who understand both real estate litigation and foreclosure defense.
Can a Bankruptcy Attorney Help With Foreclosure?
Yes. Many people facing foreclosure also talk to bankruptcy attorneys, because filing for bankruptcy, especially Chapter 13, can stop a foreclosure sale right away. The case moves to bankruptcy court, where you can often set up a repayment plan to catch up on your mortgage and other debts while keeping your home.
What if I Have Other Legal Problems Along With Foreclosure?
If you’re dealing with more than just a home issue, like personal injury accidents, credit problems, or business disputes, our firm can help. At Fleysher Law, we have experience in business law, loan lawyers for debt-related matters, and bankruptcy attorneys who handle cases involving both personal and business debt. We can guide you through the full situation to give you the best chance at financial recovery.
Do I Need a Lawyer if I’ve Already Been Sued for Foreclosure?
Yes. Once a foreclosure lawsuit is filed, the clock starts ticking fast. Even if you're unsure what to do, talking to a foreclosure lawyer early gives you more time and better options. A skilled attorney can check if the lender broke the rules under Florida foreclosure law and fight to delay, fix, or stop the process using defenses allowed by the court.
If you're behind on your mortgage or already facing a foreclosure lawsuit, speak with a trusted Florida foreclosure defense lawyer right away. The longer you wait, the fewer options you may have to protect your home, credit, and future. Fleysher Law Bankruptcy & Debt Attorneys takes the time to listen to your story and explain your options in simple terms that make sense.
We offer a free consultation so you can speak with a lawyer without stress or pressure. During this first meeting, we’ll look at your case, review any court documents you’ve received, and help you understand how Florida foreclosure law applies to you. We’ll also talk about which solutions might work best for your financial situation.
Our team is proud to provide strong, honest legal services to people and families across Florida. Let us be your trusted source of legal counsel. We’re ready to fight for your home and your peace of mind.
Emil specializes in consumer bankruptcy, debt settlement, and mortgage modification, offering a holistic approach to solving mortgage and debt problems. Emil listens to clients, understands their circumstances and goals, and helps them make the right choices by presenting all options and contingencies.
He is dedicated to helping South Floridians regain their financial freedom from overwhelming debt caused by high interest credit cards, bad mortgage loans, and uninsured medical expenses.
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