Foreclosure Defense Service
The experienced attorneys of the Byrne Law Group have successfully represented numerous homeowners in protecting their biggest investment - their home - from foreclosure. Foreclosure can be a very scary process, but you don't have to go it alone. The experienced foreclosure attorneys of the Byrne Law Group are only a phone call away.
What Is Foreclosure?
Foreclosure is a legal process in which a property is seized and sold, and the money used to pay debts. When you purchased your home, a lending company (let's call them the Original Lender) leant you money to buy the home. You signed what's called a Promissory Note, which is a written agreement in which you promise to repay money, with interest, over a certain period of time. You also granted the Original Lender what's called a security interest in the home - also known as a mortgage - to secure the Promissory Note. In the event you violate the terms of the Promissory Note, or default, the Original Lender can file a lawsuit asking the Court to seize and sell the home to pay back the Promissory Note.
We Fight Your Foreclosure
Experienced foreclosure defense attorneys, like John Byrne and the Byrne Law Group, know the weak points in foreclosure lawsuits and attack them. John Byrne knows the Florida Rules of Civil Procedure (which are rules that govern how the court system operates) allow homeowners to demand the mortgage company produce the original promissory note (many times they can't). Or demand that the mortgage company produce an executive to answer questions under oath about the mortgage (executives hate this). And demand that the mortgage company prove they complied with very strict IRS requirements about mortgage trusts and securities (hard to do). Sometimes a Counterclaim is appropriate - when the homeowner actually sues the mortgage company - when the facts show the mortgage company broke the law or violated consumer protections (which happen regularly).
Is It Possible To Fight Your Foreclosure?
In many instances, YES! Every case is different, and every client's situation is unique. Many times homeowners may be able to take advantage of certain rights, privileges and defenses available to parties involved in court cases. For instance, it is sometimes possible to have foreclosure lawsuits dismissed because the mortgage company's law firm made mistakes in the foreclosure Complaint, or they did not follow case law or court rules. Other times discovery investigations may turn up violations of consumer protection laws for which the homeowner may be able to seek recourse or damages from the mortgage company or another party. Every case has its own unique set of facts and circumstances; to understand yours, consult with an attorney today, such as the experienced attorneys at the Byrne Law Group. For a FREE telephone consultation call the Byrne Law Group at 813.413.6565 today.



