Real Estate · Foreclosure Defense
Real Estate Attorneys with South Florida Experience
Many lenders will work with homeowners who act early. We know how to make that conversation happen, and how to protect you when it doesn't.
Most clients are surprised to learn how much bankruptcy and foreclosure law can do to protect their home. Filing Chapter 13 bankruptcy stops the foreclosure process immediately and gives you the chance to pay back arrears (past-due property taxes, association arrearages, equity loans, second mortgages, and lines of credit) through a single court-supervised plan that typically runs three to five years.
Stop Foreclosure. Save Your Home.
Patrick Cordero personally understands that no one wins when a home is foreclosed: not the bank, not the real-estate market, and certainly not you. Foreclosure is slow and costly for lenders too, so in many cases restructuring your loan through a mortgage modification makes more financial sense for them than taking the property back.
Our clients have also been relieved to discover that filing Chapter 13 lets them save their home and eliminate most or all of their credit-card debt: one monthly payment to the trustee, one plan, one clear path forward.
How We Help You Keep Your Home
We take a hands-on approach for every client. Sit down with one of our attorneys for a free initial consultation. We will evaluate your situation, explain every option available to you, and tell you honestly what we think your best path is. You walk out with a plan.
Possible paths include negotiating with your bank for a modification or extended payment plan, filing Chapter 13 to fold past-due payments into the plan, exploring a short sale if the home no longer fits your budget, or fighting the foreclosure in court if the lender didn't follow Florida procedure.
Avoiding Foreclosure: Why Acting Fast Matters
Florida foreclosures are lawsuits filed in circuit court, and a homeowner who is served generally has 20 days to respond. If you have been served with notice of foreclosure, swift action is critical. Don't choose to walk away from the equity, payments, and personal investment you have already put into your home without exploring every option. The earlier you talk to a lawyer, the more options you have, and the more leverage you have with your lender.
Buying or Selling a Home in Florida: What to Expect
Not every real estate matter is a foreclosure. Whether you are buying, selling, or transferring property in Florida, these are the issues that most often decide whether a closing goes smoothly:
- Title search. Before closing, a title search reviews the public records for mortgages, judgments, liens, and other claims against the property. Problems found early can usually be resolved before they delay the sale.
- Title insurance. Florida closings commonly include title insurance. A lender's policy protects the lender, while an owner's policy protects you against covered title defects that existed before you bought the home.
- Municipal lien and permit searches. Many South Florida closings also include a municipal lien search for open permits, code violations, and unpaid municipal charges, which can become the new owner's problem if they are not resolved.
- Condo and HOA estoppel. If the property is in a condominium or homeowners association, the association issues an estoppel certificate confirming any dues or assessments owed, which are typically paid at closing.
- Seller disclosure. Under the Florida Supreme Court's decision in Johnson v. Davis, a home seller must disclose known defects that materially affect the property's value and are not readily observable to the buyer. Hiding a known roof leak or water problem can expose a seller to liability after closing.
Florida Homestead: Protections and Restrictions
Your primary residence in Florida may qualify as homestead, which carries some of the strongest protections in the country, along with some important restrictions.
- Protection from most creditors. The Florida Constitution protects homestead property from forced sale by most creditors. The main exceptions are the mortgage on the home, unpaid property taxes, and liens for work or materials used to improve the property.
- Property tax savings. A separate homestead exemption can lower the taxable value of your primary residence and limit how much its assessed value can rise each year, but you must apply for it with your county property appraiser.
- Your spouse must join. A married owner generally cannot sell or mortgage the homestead without the spouse's signature, even if the spouse is not on the deed.
- Limits on inheritance. If an owner dies leaving a spouse or minor child, Florida law restricts how the homestead can pass by will, which often surprises families during estate planning.
- Homestead in bankruptcy. Florida homestead protection generally carries into bankruptcy, though federal law can limit it in some cases. See how we protect your house and cars in bankruptcy.
Common Questions
Florida Real Estate and Foreclosure Questions, Answered
Do I need a real estate attorney to buy or sell a home in Florida?
Florida does not require an attorney for a residential closing, and many closings are handled by a title company. An attorney becomes important when there is a title problem, an unpaid lien, a pending foreclosure, a short sale, a divorce or estate issue, or a dispute over the contract. Having a lawyer review the deal before you sign is far easier than fixing a problem after closing.
What does title insurance cover?
Title insurance protects against losses from covered title defects that existed before you took ownership, such as undisclosed liens, recording errors, forged documents, or claims by unknown heirs. A lender's policy protects only the lender, while an owner's policy protects you. Every policy has exceptions, so it is worth reviewing what is and is not covered.
What does a Florida home seller have to disclose?
Under Johnson v. Davis, a Florida seller of residential property must disclose known facts that materially affect the property's value and that the buyer cannot readily observe. A hidden roof leak, plumbing problem, or water intrusion the seller knows about are common examples. Failing to disclose a known defect can lead to a lawsuit after closing.
What is Florida's homestead exemption?
The term covers two separate protections. The homestead tax exemption lowers the taxable value of your primary residence and limits yearly increases in its assessed value, and you must apply for it with your county property appraiser. Separately, the Florida Constitution protects homestead property from forced sale by most creditors.
Can a creditor take my Florida home?
Most creditors cannot force the sale of your Florida homestead to collect a debt. The main exceptions are your mortgage lender, unpaid property taxes, and liens for work or materials used to improve the home. Condominium and homeowners associations can also foreclose for unpaid assessments in many cases, so association debts should never be ignored.
Can my spouse sell our home without my signature?
Not if the home is your homestead. Under the Florida Constitution, a married owner generally needs the spouse to join in any sale or mortgage of the homestead, even if the spouse's name is not on the deed. This protects the family home from being transferred without both spouses' consent.
How does foreclosure work in Florida?
Florida uses judicial foreclosure, so the lender must file a lawsuit in circuit court. A homeowner who is served generally has 20 days to respond, and ignoring the summons can lead to a default judgment. After a final judgment, the court schedules a foreclosure sale, and in many cases the lender can seek a deficiency judgment for any remaining balance.
Free Evaluation: Schedule Your Consultation
We have spent more than three decades helping thousands of South Florida clients of every income level and background. Bring your situation to us: there is no charge for the first consultation. We also assist Spanish-speaking clients.
Related Practice Areas
Foreclosure Defense
Effective defense against foreclosure, including modifications, short sales, and bankruptcy-based protection.
Foreclosure & Mortgage Modifications
Renegotiate your mortgage terms, reduce monthly payments, or roll arrears into a Chapter 13 plan.
Short Sales
When the mortgage is underwater, a short sale can settle the debt and let you move on.
Chapter 13 Bankruptcy
Stop foreclosure immediately and reorganize debt into a court-supervised 3-5 year payment plan.