Jacksonville Bankruptcy Attorney

Important Information on Your Foreclosure Defense Rights

If you are facing the devastating financial crisis of being behind in your mortgage payments and are afraid you might be about to lose your home to foreclosure, it's vital that you understand that you have rights and exactly what those rights are. Not understanding your rights is one way to lose them. Contact a Jacksonville Bankruptcy attorney today to learn more about your legal rights and options.

Once you have been served a foreclosure summons it is important that you act quickly to file a timely response to the summons. Failure to do so can result in a Clerk's Default being filed against you in as little as 20 days. Take advantage of these rights that you have against foreclosure.

• Right to Defend Yourself: Just because you are behind on your payments may not mean the lender is entitled to foreclose upon you. You have the right to raise any and all legitimate defenses.
• Right to Discovery: This part of your defense allows you to find out if the lender has the evidence to back up their claim of entitlement to foreclose. You have the right to request the lender produce documents for your inspection, to make written requests, to have live testimony or depositions given and the right to request for admission to determine which facts are disputed and which are not.
• Right to Mediate: You can request a neutral party be appointed to sit down with both you and a representative of the lender that has the ability to make decisions in an attempt to mediate the case.
• Right to Proof: In a foreclosure proceeding, the lender, not you, has the burden of proof. If they miss even one piece of evidence that they are required to prove, they can lose their case.
• Right to Counterclaim: You have the right to make claims against the lender.

The process of exercising your rights during a foreclosure suit may seem confusing and overwhelming. With the skill and experience of a proven Bankruptcy attorney you can better understand the process and take control of your legal situation.

Bankruptcy Lawyer Serving Jacksonville

At the Law Offices of Robert Peters P.A. we have been assisting clients for 19 years. We understand the effect an adverse law suit can have on your family and its future. Our goal is to guide you through this time of financial crisis and help you realize there is a light at the end of the tunnel. As a member of the National Association of Consumer Bankruptcy Attorneys and the American National Bankruptcy Institute, we assist clients in all areas of bankruptcy law including eliminating judgment, short sale and foreclosure defense.

Contact a Jacksonville bankruptcy attorney from our firm today to discuss your legal options.