Foreclosure and Evictions in Vero Beach
At Lulich & Attorneys, our real estate lawyers handle foreclosure and evictions in Vero Beach. Whether you are a homeowner, mortgage holder, landlord, tenant, or commercial lessee, we can represent your best interests during this challenging process.
We understand that you want a positive conclusion in your case as soon as possible. Our attorneys offer both compassionate consideration and aggressive representation when it comes to fighting for our clients.
Talk to a real estate attorney’s team at Lulich & Attorneys today. We can meet with you to better understand your needs and provide an initial review of your case. We can also explain our fees and how we can help you. Contact us today to learn more.
Our Real Estate Attorneys Help Clients Fight for Their Home
When you own a rental home, you may need to force someone out of your tenal when they cannot pay the rent, have defaulted on the lease, or have damaged the property. Whether you own or rent your home, you do not want someone to force you out of it. This is especially true when you cannot afford to pay the rent or mortgage because of unexpected medical bills, illness or injury, or a recent job loss. We help tenants and homeowners fight to remain in their homes and work out an agreeable solution with the lender or landlord.
We know the Florida laws related to foreclosures and evictions, including current federal or state moratoriums on them due to current events. We have experience helping others avoid losing their home and understand the most common ways to do so. We could help you negotiate a new lease or mortgage, set up a payment plan, or make other efforts to avoid a court order that requires you to vacate the premises.
We represent lenders and landlords, too. We understand why they need to take steps to protect their investments. However, when we work with individuals and families, we listen to their stories. We get to know the “why” of their circumstances and approach the case with compassion and understanding.
Foreclosures in Vero Beach, Florida
Foreclosure occurs when a homeowner cannot pay their lender for their mortgage. The bank or mortgage company may act within 60 to 90 days, usually by demanding payment or offering an agreement to catch up on the missed payments. You could have alternatives to allowing the bank to foreclose on your property, even if you do not have the money to cover the payments.
Working with our real estate attorneys can help you understand your rights and options and place an advocate on your side throughout this challenging process. You do not want to try to fight the lender on your own. We could help you identify a solution that works for you, your family, and the bank.
Your Rights as a Homeowner in Florida
When you have missed payments on your mortgage, those you interact with from the lender may not greet you with kind and compassionate words. Instead, they may try to scare you into paying by threatening a quick foreclosure if you do not immediately cover the default. They probably will not discuss other options or offer to give you a break because of your current circumstances.
They will seem eager to foreclose on your home and leave you nowhere to go. This can feel disheartening and frustrating, especially when you hope to find a solution if they would just work with you a little bit.
As it turns out, one of our Vero Beach foreclosure attorneys can stand by your side. Our lawyers explain the possible strategies that could keep you in your home, temporarily pause the foreclosure process, or allow you to avoid foreclosure and sell your home. We also find the lender reacts differently when a knowledgeable and professional advocate represents the homeowner. Suddenly, they want to work with you on a solution.
What to Do if You May Face Foreclosure
If you fall behind on your mortgage and the lender threatens foreclosure, reach out to our team. We can assess your options and create a plan to pay the default or fight foreclosure. We understand how Florida real estate law works when it comes to foreclosures. We also know many solutions to mortgage defaults.
What has worked for other clients in similar circumstances may also work for you. We want to help you keep your home if possible. If not, we want to prevent you from losing it to foreclosure. You should be able to keep the equity you built instead of the bank taking everything from you. We can help you understand your options and determine which one best suits your needs.
Options to Potentially Avoid a Foreclosure
Your lender may make it seem like you only have one option: pay immediately, or they will take your home. Generally, you do have other options, however.
Some options our clients use to avoid foreclosure include:
- Catch up on your loan, including paying on the principal, interest, fees, and other expenses
- Negotiate a repayment plan that covers future and missed payments
- Get a forbearance, which will allow you to skip several months of payments or pay a much lower amount while you stabilize your finances
- Modify your loan to get a lower interest rate or extend the length of the term
- Refinance with another company or redeem your loan, often with support from a co-signer
- Put your house on the market and hope for a quick sale
- Short sale, where you sell the home for less than you owe but have an agreement with the bank that they will not come after the deficiency
You may have additional options under some circumstances. This can prove true when a federal agency issues, insures, or guarantees your loan.
- Fannie Mae/Freddie Mac
- Federal Housing Administration (FHA)
- Veterans Administration (VA)
- Rural Housing Service (RHS)
If you do not know if you could benefit from these other options, we can check to see if any of these apply to your mortgage.
The Florida Foreclosure Process
Florida law outlines the mortgage foreclosure process under Florida Statutes § 45.031. To foreclose on your home, the lender must follow strict rules. When you purchase a home or finance a property, you sign two papers: the promissory note and the mortgage agreement. Together, these papers state that the lender can take your property if you default on the loan.
Once your payment is 30 days late, they will notify the credit bureaus and contact you about paying the principal, interest, and a late fee. They may offer a payment arrangement at this point if you ask.
Under rules set by the Consumer Financial Protection Bureau (CFPB), the formal foreclosure process cannot begin until the homeowner is at least 120 days late on their mortgage. At this point, they send a breach letter to inform the homeowner of their options and the timeline.
This letter includes:
- Information about the default
- How much they need to pay to correct the issue
- How long they have to pay, usually 30 days
If the foreclosure moves forward, the lender will file a formal complaint with the Indian River County courts, and a process server will serve the homeowner. They will have a few weeks to respond. Based on their response, the lender can request a trial date and present evidence to prove the default. Then, the court may rule on their behalf and allow them to sell the home.
Evictions in Vero Beach, Florida
Evictions occur when a renter defaults on their lease agreement in some way. We help tenants and landlords navigate the eviction process in residential and commercial buildings. Evicting a commercial lessee can prove easier than a residential one. However, you can do both when necessary under the state's landlord/tenant laws.
Florida has strict rules about how this process must work and the notice given. A landlord cannot evict a tenant without a court order. Our real estate attorneys can help you take the necessary steps to receive this order or fight the eviction process.
What if I Am Losing My Home?
If you face eviction from your apartment, condo, or house, our attorneys can represent you throughout this process and help you fight to remain in your home. We do not believe you should lose your home if you face a temporary financial concern or another issue that keeps you from paying your rent on time. We understand that illness, injury, and job loss happen, and we want to help you get back on your feet.
We could work to negotiate an agreement with the landlord to lower your rent, allow you to skip a month or two, or pay a lesser amount for a few months. Alternatively, we could work out an agreement where you voluntarily move to avoid the eviction going on your record. This could make it harder to rent in the future.
What if I Need to Evict Someone?
Most landlords never want to evict tenants.
they may need to when:
- They quit paying rent, but you still have a mortgage on the property.
- They engage in illegal activity on your property.
- They disrupt other tenants.
- They otherwise violate the lease agreement.
We understand that you want the eviction process to occur as quickly and smoothly as possible in any of these situations. You need to clear the space and bring in another tenant to ensure you do not miss paying your mortgage or employees or suffer other consequences because of missed income. Our lawyers know Florida's current landlord and tenant laws and how to navigate this process. We file the paperwork and represent you.
We also represent landlords in commercial eviction proceedings in Vero Beach.
The Florida Eviction Process
Florida law does not allow landlords to change the locks or turn off utilities to make them leave. Instead, they must follow Florida Statutes § 83.56 to terminate the lease agreement. This process depends on the reason for the eviction.
With a non-payment, they must receive a three-day notice. They should receive a seven-day notice if they otherwise violated the lease agreement. The landlord should deliver this notice to the lessee via certified mail, hand delivery, or posting it to the door of their unit.
If they do not remedy the problem (when possible) or agree to leave within the three or seven days required, the landlord must:
- File a certificate that includes a copy of the notice with the Indian River County Clerk.
- Complete an eviction complaint with a notary witness.
Our attorney can help you manage this process. Once a process server serves the tenant, they will have a short response period. Then, we can ask for a hearing date. You may receive a court order to evict the tenant during this hearing. The tenant can then present a defense to show why they do not deserve eviction. We represent tenants in these cases and fight evictions regularly.
Even if the property owner receives a court order, the process does not end here. The next step involves filing a document known as a Writ of Possession with the Indian River County Sheriff’s Office. The sheriff will notify or post the notice for the tenant, and they will have 24 hours to vacate the premises before the landlord can lock them out.
Learn How Our Team Handles Foreclosures and Evictions in Vero Beach
Speak to a real estate lawyer’s team at Lulich & Attorneys today to learn more about how we could help you based on your unique needs. We represent homeowners, lenders, tenants, and landlords. We can review the circumstances and offer advice and representation to help you seek a better outcome based on our experience and Florida real estate law.