Tag Archives: homeowner

Central Florida’s Foreclosures Decline

There is finally some good news in Central Florida’s foreclosure market. The Orlando metro area showed a decline in its foreclosure inventory in July of 2014, which hopefully is an indication the housing market is slowly recovering.

Central Florida Foreclosure Defense | Brevard County Attorney

There was a decrease of 3.6 percentage points from a year ago in the foreclosure inventory in the Orlando, Kissimmee and Sanford metropolitan area. For the year ending in July, there were 13,817 foreclosures completed compared to the 12,244 for the same period last year.

The total number of homes actually lost to foreclosure is calculated by completed foreclosures, according to CoreLogic. CoreLogic is one of the premier sources for real estate information and it reports that the housing market is a prime indicator for how the economy is doing as a whole. The fact that there are fewer bank repossessions is an indication that the homeowner market is getting stronger.

Below are a few other findings from the CoreLogic report:

  • Florida had a statewide foreclosure inventory of 4.8%, which is a 3.5 percentage point drop from July of 2013
  • There was a 1.7% decline nationally compared to July of 2013 and 45,000 completed foreclosures
  • The Sunshine State had the largest number of completed foreclosures for the year prior to July in comparison to the rest of the nation
  • Florida’s 4.8% foreclosure inventory made it the second-highest of all mortgaged homes.

Although the housing market is showing signs of improvement, there are still many Florida homeowners that are past due on their mortgage payments. If you are facing foreclosure of your home or you would like to learn more about the legal services we provide, call us to schedule a free consultation. We are located in Melbourne and proudly serve all of Central Florida.

Contact a Brevard County Bankruptcy Attorney at Faro & Crowder, PA

If you are interested in learning more about foreclosure defense and saving your home, contact Faro Crowder, PA to schedule an appointment. We are located in Melbourne, Florida on Sarno Road and serve residents and businesses of the Space Coast and Brevard County.

Services Areas

We provide services throughout Central Florida including: Melbourne, Titusville, Palm Bay, Merritt Island, Cocoa, Cocoa Beach, Satellite Beach, West Melbourne, Cape Canaveral, Viera and Eau Gallie.

Get In Touch with Faro & Crowder, PA

Faro & Crowder, PA
Phone: 321-784-8158
Address:
1801 N. Sarno Road, Suite 01
Melbourne, FL 32935
Email: info@farolaw.com

The information on this blog or any blog is not intended as, and should not be taken as, legal advice.

How Can You Defend a Foreclosure Lawsuit?

Home being sold

There was a time when homeowners had few defenses available when it came to foreclosure actions. However, times have changed and now there are numerous defenses that allow a homeowner to successfully defend a foreclosure lawsuit. Below are a few examples:

  • Unfair mortgage terms. If a provision of your mortgage loan “shocks the conscience” of the court, you have a valid defense to the foreclosure action. We can review when your mortgage was signed and the circumstances surrounding it to determine whether there are unconscionable terms in your loan agreement.
  • Insufficient documentation. As soon as your lender begins threatening a foreclosure lawsuit, you should request that your lender proves it owns the mortgage. Most mortgages are assigned numerous times and it is common for errors to occur in the documentation. You have a valid defense if the plaintiff seeking to foreclose your home does not have the proper paperwork to support the action.
  • Active military. There are special protections afforded to active duty service-members. For example, The Service Members Relief Act (SCRA) allows military personnel a nine month postponement if the foreclosure lawsuit is initiated while they are on active duty.
  • Unfair lending practices. If your mortgage lender violated the law in extending your loan to you, it is a valid defense to a foreclosure lawsuit.
  • Procedural requirements. You may be able to defend a foreclosure suit if the lender failed to follow certain procedural requirements.
  • Personal bankruptcy. When you file a bankruptcy, all collection efforts against you (including the foreclosure) must come to a stop. This may only provide temporary relief, but it will give you time to understand all of your available options, as well as negotiate with your lender.

Don’t assume you cannot defend a foreclosure lawsuit! Let us review your individual circumstances and help you understand what defenses are available to you. Contact the skilled attorneys at Faro & Crowder to schedule a free consultation.


Have You Heard About Florida’s Foreclosure Rescue Statute?

homeowner

Many Florida homeowners are not aware of a helpful law called the “Foreclosure Rescue Fraud Prevention Act of 2008 (the “Act”).” If you are struggling to pay your mortgage loan and you believe foreclosure is in your future, it is important to understand how this relatively new law protects you.

The Act requires a foreclosure rescue consultant to enter into a written contract with a homeowner before providing any services. It also prohibits them from collecting or taking action to secure payment prior to completing all services agreed upon in the contract.

If you decide to obtain the help of a foreclosure rescue consultant the Act requires:

  • The services to be provided by the consultant must be clearly outlined in writing in 12-point upper case font
  • You must be provided at least one business day to read the contract prior to executing it
  • You have three business days to cancel the agreement without penalty, and this provision cannot be waived by either party
  • The date of the contract cannot be earlier than the date the homeowner executes it
  • If you cancel the contract, the consultant is required to return any payments received by you within 10 days after receipt of notice of cancellation
  • Any notice of cancellation is required to be printed above the signature line in 12-point upper case type

If you are facing foreclosure, you are probably feeling lost. Don’t make matters worse by turning to somebody unqualified to assist you, or worse, a con artist waiting to take advantage of you. Contact Faro & Crowder, PA to discuss your individual circumstances with an experienced foreclosure defense attorney. If you have questions regarding defending a foreclosure action or other ways we can help you, contact us for a free consultation.


Florida Bankruptcy Attorney Charged with 7 Felonies

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Paul A. Pysczynski, a former Sarasota bankruptcy attorney, has been charged with seven felony charges related to an alleged loan modification scam. Pysczynski was retained by several homeowners for assistance with consolidating or reorganizing debt. However, instead of providing the legal services, Pysczynski left town with more than $80,000 of his clients’ money.

The charges against Pysczynski include three counts of practicing law with a suspended license, two counts of scheme to defraud $20,000 to $50,000, and two counts of grand theft. It is expected that more charges will be added. The attorney was suspended by the Florida Bar in 2012 because he failed to complete his continuing legal education requirements.

One homeowner alleges he hired Pysczynski to negotiate a loan modification. He paid the lawyer in excess of $50,000, but no payments were ever sent to the mortgage-holder. The bank proceeded with a foreclosure action. In response, Pysczynski filed for Chapter 13 bankruptcy in the homeowner’s name without obtaining proper consent. Sadly, there are numerous other stories of Pysczynski taking his client’s money without providing any legal services.

Florida has implemented a foreclosure rescue scam statute (to be discussed in further blogs) that was created to help protect homeowners against dishonesty, trickery, and financial hardship that can occur when they are the victim of scammers like Pysczynski. You can also protect yourself by conducting your own investigation of an attorney before hiring him/her. The Florida Bar Association and other legal websites provide information that allows you to verify that the lawyer you are working with is legitimate and licensed to practice within the State. Some websites even offer feedback regarding the lawyer’s abilities and responsiveness to clients.

If you have questions regarding filing for bankruptcy protection, contact us for a free consultation.

Contact a Brevard County Bankruptcy Attorney at Faro & Crowder, PA

If you are interested in learning more about how a bankruptcy filing will impact your debt, contact Faro Crowder, PA to schedule an appointment. We are located in Melbourne, Florida on Sarno Road and serve residents and businesses of the Space Coast and Brevard County.

Services Areas

We provide services throughout Central Florida including: Melbourne, Titusville, Palm Bay, Merritt Island, Cocoa, Cocoa Beach, Satellite Beach, West Melbourne, Cape Canaveral, Viera and Eau Gallie.

Get In Touch with Faro & Crowder, PA

Faro & Crowder, PA
Phone: 321-784-8158
Address:
1801 N. Sarno Road, Suite 01
Melbourne, FL 32935
Email: info@farolaw.com

The information on this blog or any blog is not intended as, and should not be taken as, legal advice.

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