Napier & Rollin, PLLC

Residential Foreclosure Defense

Napier & Rollin – Foreclosure And Mortgage Attorneys In Vero Beach, Florida

The attorneys at Napier & Rollin have handled many mortgage foreclosure matters and have a wealth of combined experience in this area. The attorneys at our firm have represented a variety of creditors, including private individuals, in the prosecution of mortgage foreclosure actions.

Our attorneys also have substantial experience representing borrowers and other property owners defending mortgage foreclosure actions and deficiency judgment claims. Our experience representing both borrowers and lenders in foreclosure actions gives us invaluable insight to reach the best possible resolution on behalf of our clients

The attorneys at Napier & Rollin are well-versed in the recent changes to Florida law regarding mortgage foreclosures. These changes were primarily designed to level the playing field for borrowers facing foreclosure and to ease the burden on our state courts. For example, the Florida Supreme Court has recently imposed new requirements on mortgage lenders in an effort to create policies and procedures to ease the backlog of pending residential mortgage foreclosure cases.

The attorneys at Napier & Rollin are ready to explain your options, rights and obligations under Florida foreclosure law. If you are ready to foreclose a mortgage or if you are facing a mortgage foreclosure action, and wish to learn more about your rights, please contact our firm to speak to an attorney.

Hundreds of thousands of foreclosures are filed each month. Most homeowners choose to do nothing, while others contact a foreclosure defense attorney in Sebastian, FL. Most people are unsure of what to do when they fall behind on their mortgage, but perhaps the most important thing a homeowner can do is take action to understand their legal rights and develop a plan. If you are facing foreclosure and not sure of your options or what to do next, it is important to remember the sooner you consult with an attorney, the more successful your outcome may be.

Claim of Lien Foreclosure

Under Florida law, a mechanic’s/construction lien is a claim made against property by a contractor, sub-contractor, materials supplier, or other lienor who has not been fully compensated for the construction improvements, labor, or supplies and materials purchased for use on the property. If the debt is left unpaid, the lienor may have the option to force a sale of the real property against the property owner’s will. With this power, construction liens have become an invaluable asset to the construction industry.

As Sebastian and Vero Beach construction lien attorneys, Napier & Rollin have provided many clients with effective legal representation and counsel. With our extensive knowledge in the construction industry and construction litigation, our firm can help you successfully navigate the complexity of Florida construction lien law whether you are a contractor or other lienor, or a property owner facing a construction lien issue.

Commercial Foreclosure

The foreclosure and business litigation attorneys of Napier & Rollin are fully capable of representing plaintiffs or defendants in commercial foreclosure matters. Commercial foreclosure matters have most of the same issues found in residential foreclosure matters plus additional issues unique to businesses or income producing properties. In some commercial foreclosure matters it may be appropriate or necessary to have rents assigned to the plaintiff or to have a receiver appointed to manage a property through the foreclosure process.

Because self-help remedies are disfavored in Florida, clients are cautioned to rely upon their foreclosure attorneys and to avoid taking matters into their own hands. Whether you are a mortgage holder or a business owner (or both), please allow the foreclosure and business litigation attorneys of Napier & Rollin to represent you in your next commercial foreclosure matter.

Deficiency Judgment Hearings

Whether residential or commercial, foreclosure cases are considered “bifurcated proceedings” in Florida. That is, there are typically two parts to a foreclosure case: a judgment of foreclosure against the property and a personal money judgment against the debtor(s) and any guarantors for the difference between the fair market value of the property on the date of the foreclosure sale and the total amount of money owed to the plaintiff.

The foreclosure attorneys of Napier & Rollin know that the real battle in many residential or commercial foreclosure cases is not whether the property should be sold at auction, but how much the property was worth on the date of the foreclosure sale. Fair market value is a legal term of art which is defined by case law and, in order for a Court to properly determine the fair market value of a property, the Court will typically be asked to rely upon the testimony of an expert appraiser.

Because a trial court has great discretion in determining the credibility of witnesses, such as expert appraisers, parties are cautioned to take a deficiency judgment hearings just as serious as the foreclosure trial itself. If you may be facing a deficiency judgment hearing, please allow the foreclosure attorneys of Napier & Rollin to represent you.

 

Foreclosure Defense Services From Qualified Vero Beach Attorneys 

For many homeowners, foreclosure defense is an opportunity to buy time. In some situations, time is all a family needs to get back on their feet and remain in their home. Time also affords homeowners an opportunity to explore foreclosure defense alternatives such as short sale, strategic default, deed-in-lieu, or even a mortgage modification. Such alternatives could prevent foreclosure and deficiency judgments. Napier & Rollin, foreclosure defense attorneys, can clearly explain your legal rights and obligations when you are facing foreclosure, as well as foreclosure alternatives, to assist you in making an informed decision and in developing a plan. We also can explain your rights if you are a tenant facing foreclosure. If you are falling behind on your mortgage, it is in your best interest to speak with a foreclosure attorney about your specific situation. Do not ignore a notice from your bank and do not wait until a sheriff’s deputy is knocking at your door. Napier & Rollin can be contacted via telephone at 772-202-7295. Contact Napier & Rollin to discuss foreclosure defense and to help take back control of your life.