Defending Clients Against Post-Foreclosure Collection Lawsuits
In Florida, if your home or other property is foreclosed on and sold at a sheriff's sale for less than the amount you owe on your mortgage, your lender may be able to pursue a deficiency lawsuit against you for the difference between the sale price and the outstanding loan balance.
At Kuhn Law Firm, P.A., we have the experience and insight to defend clients against deficiency lawsuits and collection actions. Fort Myers deficiency judgment lawyer Scott A. Kuhn, who has been practicing law in Florida since 2002, personally supervises every case our firm accepts.
Exploring All of Your Options for Avoiding a Deficiency Judgment
Unlike many other states, Florida does not have an anti-deficiency law to protect borrowers against financial judgments after the property is sold through foreclosure. However, there are still valid and effective defenses against such deficiency lawsuits. If we handle your case, we will carefully investigate issues such as the following:
- Is the lender the proper party to bring the deficiency lawsuit?
- Did the lender neglect an opportunity to mitigate its damages?
- Should the lender pursue a private mortgage insurance (PMI) claim prior to attempting to collect from you?
- Did the lender violate the Truth in Lending Act or other lending laws?
Depending on the facts of your case and the attitude of your lender, Scott Kuhn may also be able to negotiate a reduction or elimination of any potential deficiency judgment. Even if a deficiency judgment has already been entered against you, we can help you explore all of your options going forward.
Contact a Collections Defense Lawyer at 239-344-9430
If your home has been foreclosed on or your lender has obtained or is pursuing a deficiency judgment, it is in your interests to contact an experienced attorney right away. To schedule a free consultation with Scott Kuhn, please call us at 239-344-9430 or e-mail us today.