Florida foreclosure defense expertise.
From 1991 to 2024, SAJ has represented clients in hundreds of cases across various areas of practice. Specifically during the past 15 years, SAJ has represented Florida homeowners in over 470 mortgage and community association foreclosure defense cases in Circuit Courts located throughout south and central Florida involving thousands of hearings and innumerable trials with an aggregate valuation at issue of well over $100 million.
Why the Plaintiff in your foreclosure case hopes you won't defend against it.
The path of least resistance to a foreclosure judgment allows the plaintiff to (1) take title and possession to your property; (2) purchase your property at a county judicial foreclosure sale for as little as $100 more than what is owed to the lender; and (3) subsequently sell your property for an amount that may be substantially less than fair market value. All the plaintiff needs to recover from the subsequent sale is the amount of the foreclosure judgment. Any additional amount (less other claims or expenses), must be paid to the homeowner, so the lender will not benefit financially from any amount received in excess of the amount awarded by the trial court in the final foreclosure judgment. If the fair market value of the property is greater than the judgment amount, the foreclosure plaintiff has little incentive to sell the property for any amount higher than the amount of the foreclosure judgment.
Can a foreclosure plaintiff obtain a final judgment if the homeowner dies?
Many Florida foreclosure plaintiffs have obtained foreclosure judgments against deceased homeowners in violation of Florida law and the due process protections guaranteed under the 14th Amendment to the Constitution of the United States. In the case of Desbrunes v. U.S. Bank NA, SAJ represented homeowner and borrower Francois Desbrunes (in the trial court action) and his son Ronald Desbrunes (in the subsequent appellate court action). Francois Desbrunes, record title owner of the foreclosure homestead property, died during the trial court foreclosure action. U.S. Bank failed to timely open a probate case for the purpose of appointment of a personal representative. A personal representative is an indispensable party to foreclosure actions involving real property that is not protected under the Florida Constitution's homestead exemption where a mortgagee has died and the mortgage document has been properly recorded in the official records of the county in which the property is located. See our Void foreclosure judgments page for more information.
Why it makes sense for you to defend your foreclosure case.
You many have legitimate defenses to a foreclosure action. You need as much time as possible: (1) to pursue an equity sale of your property for the highest amount possible before the plaintiff obtains a foreclosure judgment; or (2) if you have insufficient equity in your property, to pursue other strategic options (negotiating a loan modification agreement with your lender, saving funds for future rent, down payment on a different home, education, training, etc.) that will prepare you for such time (if any) that the plaintiff is able to obtain a foreclosure judgment against you.
Review our foreclosure defense Strategic alternatives page for more information about equity sales and non-equity strategies to improve your financial position.
If you need legal representation in a mortgage foreclosure action that has been filed against you, , Contact sajLAW today to communicate directly with S. Alan Johnson, Esq. Thank you for your kind consideration of our firm.