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| CLICK IMAGE to go to DEFENDING FORECLOSURES |
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Ralf Brookes Attorney defends home owners and tenants in Foreclosure Actions.
You may have one or more legal defenses against a foreclosure complaint.
If you are sued but do nothing to protect yourself, you can lose your property through a "default judgment"
~even if you have valid legal defenses and the judgment against you can exceed the amount you ought to pay.
You need to bring mistakes and omissions to the Court's attention by pre-filing written pleadings in your case, especially if you are assigned to the 2 minute "rocket docket" now common in some of Florida's foreclosure court jurisdictions.
For example:>
Is the plaintiff Bank the holder of your mortgage and note? or is it some other company or entity that you have never heard of before your court filing?
Is an "Assignment" of your mortgage/note attached to the Complaint?
Were all the legal "conditions precedent" (such as a default and acceleration notice letter from the bank itself) set forth in your mortgage actually completed before the foreclosure complaint was filed?
Are you confused?
Ralf Brookes Attorney will review your foreclosure complaint and provide you with a legal consultation regarding potential legal defenses to your foreclosure action.
You have rights, be sure to assert them.
Don't let banks and securitized mortgage/note holders set the terms of your foreclosures on their terms in a default judgment.
Get legal help to make sure the banks do not proceed without proving the essential elements of foreclosure claims.
Assert your defenses as a homeowner or property owner and ask the court to review the reasonableness of additional fees, charges and terms.
Don't feel helpless, get legal help.
Attorney Ralf Brookes can defend homeowners and property owners against potential foreclosures, default judgments, evictions and foreclosure sales.
The sooner you contact an attorney, the better.
By seeking an attorney's help early in the process to review the claims and pursue your rights, you will preserve all your rights and remedies rather than waiving them.
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| The new federal Protecting Tenants in Foreclosure Act, Public Law 111-22, was signed by President Obama on May 20, 2009. |
Do you know a tenant who has been served in a foreclosure?
A new Federal law helps tenants who were previously evicted in 3 days.
All tenants in a foreclosure must now get a 90 day notice prior to eviction due to foreclosure – at a minimum. In addition (with some exceptions) tenants that have leases can continue to live in their homes until the end of the term of their lease.
The rights of Section 8 tenants are also protected by the Act.
The Act is called a "self-executing" law, but you must assert your rights under the Act in state foreclosure and eviction proceedings because only the courts and no federal agency (including HUD) has actual enforcement authority under the Act.
Unfortunately, many Judges are unaware of this new law.You should assert and bring this new law to the Court's attention by pre-filing written pleadings in your case, especially if you are assigned to the 2 minute "rocket docket" now common in some of Florida's foreclosure court jurisdictions.
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This web site is not intended to constitute legal advice. Communication via email with an attorney does not constitute an attorney-client relationship unless and until both parties agree to the terms of such a relationship. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. For a full list of references and qualifications or a free initial consultation, please contact us at
Ralf Brookes, Attorney
1217 E Cape Coral #107,
Cape Coral Florida 33904
(239) 910-5464 phone
ralf@ralfbrookesattorney.com
Communication via email with an attorney does not constitute an attorney-client relationship unless and until both parties agree to the terms of such a relationship.
All results are not provided, results are not necessarily representative of the results obtained by the lawyer, a prospective client's individual facts and circumstances may differ from the matters on this webpages and from the results that are provided or discussed on this website.
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