Mortgage Foreclosure Defenses: Vacating the Sale

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One of the most useful Orlando mortgage foreclosure defenses that I mentioned in the video and that we use a fair amount at our law firm is called vacating the sale, and I just want to spend a little bit of time explaining exactly what that is in more detail.

This one is important to know because a lot of homeowners think that once a judge has agreed to the foreclosure and issued an Order Approving Sale, the battle has been lost. After all, what can you do when it seems like everyone has already agreed to put your home on the market and that ball is already rolling?

As it turns out, you can do quite a bit—but only if you have a legal expert on your side, because succeeding at this kind of defense is not easy.

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)

Mortgage Foreclosure Defenses: How Vacating the Sale Works

In order to vacate the sale, it’s necessary for you to bring a motion in front of the judge that explains in detail why you think he or she should stop it. Generally speaking, there are two main reasons why the court might agree to vacate the sale, and both are complex and confusing if you don’t do this kind of work for a living.

The first reason is that, to put it simply, the entity suing you didn’t follow proper procedure in notifying you about what was going on. This happens a lot when the owner of a property has a renter or travels frequently for work, because you can justifiably argue that you never got the appropriate paperwork in time to rectify the situation or fight it.

Reason number two is that the bid for your property is too low. Lenders need to offer a bid in good faith, which basically means they can’t completely lowball you. How do you know if they are lowballing you? You get the house appraised. If your appraiser says it’s worth $200,000 and they’re offering $50,000, there’s a good chance the judge will vacate the sale.

Ask Your Lawyer About Other Mortgage Foreclosure Defenses

This, of course, is only one of many possible ways to save your house. So if you’re serious about protecting your home and fighting to keep it, talk to a qualified lawyer today about the Orlando mortgage foreclosure defenses available for your specific situation.

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