Foreclosure

Lender Representation

KALIS, KLEIMAN & WOLFE is skilled at avoiding the delays in lender foreclosures that can be damaging to the lender’s bottom line. We understand the problems caused when borrowers use stalling tactics to delay a foreclosure sale. We fight to minimize the risks that can occur when:

  • Mortgage holders who are in default destroy the property
  • Vacant properties are vandalized
  • Additional judgments, liens and unpaid property taxes make it difficult to clear title to the property
  • Lenders can’t sell the property and recover the money they are owed

In Florida, mortgage foreclosures must be completed in court. Therefore, you should consider the benefits of working with an experienced foreclosure attorney. Errors in the pleadings, failure to properly serve or publish notices, and other mistakes can affect your ability to obtain the title to a property and get it sold. We take pride in our success in seeking to avoid the various technical errors which can cause delay.

Due to the decreased real estate values in Florida, it is sometimes impossible for a bank to recover the full amount of an unpaid mortgage through lender foreclosure. In some circumstances, it may be in a lender’s best interest to work with the mortgagee to rewrite the loan. If you are a lender looking for alternatives to foreclosure, we can assist you with workouts, loan modifications, shorts sales and obtaining deeds in lieu of foreclosure.

Commercial & Residential Foreclosure

KALIS, KLEIMAN & WOLFE is also recognized and experienced foreclosure attorneys. Due to the current economic conditions, the increase in borrowers defaulting on their mortgage loans are resulting in lenders filing record numbers of foreclosures. Regardless of how behind you are on your mortgage payments, foreclosure may be preventable. Depending on the individual situation, there are many potential remedies that KALIS, KLEIMAN & WOLFE may be able to pursue on your behalf. Some of these solutions are as follows:

  1. Negotiating a private payment plan with the bank or mortgage company-often called forbearance or loan modification agreements. In this instance, the lender will modify an existing loan in an effort to help the homeowner in a time of financial hardship-essentially making the loan affordable for the long term.
  2. A short sale might be the answer to your problems. A short sale is a sale of real estate in which the proceeds from the sale fall short of the balance owed on a loan. Often a bank will allow a short sale if they believe that it will result in a smaller financial loss than proceeding with foreclosure.
  3. Litigating the foreclosure in hopes that the lender has made a legal mistake and the court will prevent the foreclosure. In certain extreme cases where the mortgage company has violated certain Federal laws your mortgage may even be canceled and your interest returned to you.
  4. You may qualify for Federal or Public Assistance. In some areas there are charitable foundations and Public Agencies, which help people in foreclosure.

For more information, contact us. We welcome your inquiries.

Click here to see our Notable Cases.