How to Stop a Foreclosure Eviction in Florida: Your Legal Options Explained

Foreclosure is one of the most stressful things that can happen to a homeowner. It can be challenging to deal with the anxiety of losing your house, moving your family, and hurting your credit. If you are in this situation, it is essential to know that you still have choices. At SunCoast Law, Orlando, we help our clients understand their rights and explore options to prevent foreclosure, such as loan modification or bankruptcy.

Understanding Foreclosure Eviction in Florida

When your lender finishes the foreclosure process and starts legal action to get you out of the property, this is called “foreclosure eviction.” Florida law lets lenders begin the process swiftly, so you need to act fast. If you have received notices from your mortgage company or court documents, it’s important to act fast.
A qualified commercial and residential foreclosure attorney in Orlando, Florida, can help you understand your rights, assess your options, and take immediate action to stop the process. Here’s how to avoid foreclosure eviction in Florida.

Option 1: Loan Modification

A loan modification is one of the best strategies to save your home from going into foreclosure. This procedure involves discussing new terms with your lender for your mortgage and making it easier to manage your payments.

Modifications may include:

• Lowering your interest rate
• Extending the period of your loan
• Adding missed payments to the end of the loan
• Reducing your monthly payment

Loan modification does not affect your credit the way a foreclosure does and allows you to keep your home. It is a proactive step that demonstrates to your lender your commitment to resolving the debt. If you are unsure how to begin, a short sale foreclosure attorney or a lawyer experienced in loan workouts may help you get the paperwork together, negotiate with your lender, and protect your rights during the process.

Option 2: Bankruptcy

Bankruptcy may provide legal protection if you are unable to modify your debt or if time has passed. It can stop foreclosure eviction through an automatic stay, which temporarily stops all collection actions, including foreclosure and eviction.

Let’s look at the two most common types of bankruptcy:

Chapter 7 Bankruptcy

• Made for people who don’t have a lot of money or property
• May delay foreclosure temporarily
• Chapter 7 bankruptcy filing timeline is generally 3 to 6 months
• It’s best for getting rid of unsecured debt than for saving your house

While Chapter 7 may not provide a long-term solution for stopping foreclosure, but it can give you more time and get rid of other debts that are making it impossible for you to pay your bills.

Chapter 13 Bankruptcy

• Allows you to repay missed mortgage payments over time
• Stops foreclosure while you stay in the home
• In Florida, a Chapter 13 bankruptcy timeline lasts 3 to 5 years
• Can include Chapter 13 second mortgage lien stripping in certain cases

If your house has lost value, lien stripping a second mortgage through Chapter 13 may remove the second mortgage entirely, treating it as unsecured debt. This makes things a lot easier for you financially and helps you regain control.

Choosing the Right Solution

Every foreclosure situation is different. Whether bankruptcy or loan modification is the right solution depends on your income, debts, mortgage details, and long-term goals. A professional local bankruptcy attorney in Orlando can guide you through the process and help you make an excellent choice.
If you want to prevent foreclosure by selling your home, go to a short sale foreclosure lawyer. If you can’t keep your house, a short sale can be a good choice. It might also protect a full foreclosure from showing up on your credit report.

Final Thoughts

You don’t have to go through foreclosure by yourself. If you have the correct legal help and act quickly, you can stop foreclosure eviction, keep your home, and rebuild your financial future. If you’re behind on your mortgage or facing threats of foreclosure, reach out to an experienced and local Florida foreclosure or bankruptcy attorney today.