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As discussed in the case above, sometimes banks are in the wrong when they sue for foreclosure. A foreclosure defense attorney must step in to defend the borrower and file a motion to vacate (cancel) the sale of the home. But how does this process work? Avoiding foreclosure in a case like this can get complicated, so here is more detail about what a Florida attorney can do to vacate a sale.
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- Determine whether there are grounds for foreclosure. One of the most common reasons a borrower is able to vacate a sale is a lack of jurisdiction. In other words, the bank is not within their rights to sue for foreclosure because they have erred in the procedure to foreclose.As explained in the video, TK Law represented a family who had kept up with their monthly payments as agreed upon with the bank, so the bank had no real grounds, or jurisdiction, to foreclose on their home. If you are in a similar case, you should talk to an Orlando foreclosure attorney to find out if the bank is in the wrong and if you have a good case. Other reasons a borrower may file a motion to vacate a sale is when there are irregularities in the foreclosure process or when the sale price is grossly inadequate.
- Bring a motion to vacate the sale in a front of a judge. The next step is for the borrower to bring a motion before a Florida court and explain why the sale of their home is not fair. This process can be difficult if you are not well-versed in foreclosure defense law, and we cannot stress enough how important it is to have a qualified foreclosure defense lawyer defending your case in front of the judge.
- The judge makes a ruling. This part is straightforward – the judge hears the case and decides whether to side with the borrower or the lender. One thing that can work in the borrower’s favor is that foreclosure cases go to courts of equity rather than courts of law, which means that instead of having to adhere to a strict set of laws, the judge must rule based on what is fair and equitable. In the case described in the video, it was clearly fair for the family to keep their home.
- Attorney vacates sale. If the judge rules in favor of the borrower, then the lender’s counsel must vacate the sale. If they neglect to do this, the trial court can also set aside the foreclosure action and vacate the sale, allowing the borrower to stay in their home.
If your home is facing foreclosure and you think that your bank is violating your agreement, I would highly recommend meeting with an experienced lawyer. Avoiding foreclosure can be tough when a bank sues you, but it is possible if you have a strong case and experienced legal counsel.
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