Absolutely.  There are circumstances that cause a Homeowner to default on their Mortgage.  As a result, they may be served with a Foreclosure.  Fortunately, they have options that can end this process.  One of them is to hire a Foreclosure Defense Lawyer.  Therefore, if you have stopped paying your mortgage or have been served, contact Your Weston Florida Foreclosure Defense Lawyers at (954) 990-7552.


Brian P. Kowal, Esq. devotes a significant portion of his practice representing Homeowners.   Aside from providing Foreclosure Defense, he provides the following services.

       1.  Loan Modification

Our Firm assists Homeowners that are no longer able to pay their Mortgage. This means that we help them obtain a Lower Payment.  As the process can take months, we communicate with the Bank without inconveniencing the Homeowner.

       2.  Short Sale

If a Homeowner does not qualify for a Modification, the next best option is a Short Sale.  This occurs when they owe more to the Bank than the value of the property.  If the Bank accepts the offer, they will be released from liability.  This can take time.  Our firm handles it while defending against the Foreclosure.

       3.   Deed in Lieu

This occurs when the Bank allows the Homeowner to transfer their ownership to them.  As a result, they will be released of liability. Our job is to facilitate the process and negotiate on the Homeowner’s behalf to avoid a Deficiency Judgment.

Stages of Foreclosure 

      1.   Homeowner Fails to Pay

They will receive a Default Letter from the Bank.  This informs them that they have 30 days to pay.  If they do not pay, a Foreclosure will be filed.

      2.   Complaint

They have 20 days to respond.  In most cases, they can file a Answer confirming or denying the allegations.  However, if appropriate, they can file a Motion to Dismiss.

       3.  Discovery Process

A Homeowner has the right to demand documents or information from the Bank and vice versa.  This allows them to strengthen their case.  Discovery includes depositions, request for admissions, requests for production, and Interrogatories.

       4.  Final Hearing/Trial

After discovery is completed and all parties have responded, a Final Hearing/Non-Jury will be scheduled.  If the Bank is successful, the property will be set for Sale.   Once the purchaser becomes the new owner, the Prior Homeowner will have to vacate.

If you are in Foreclosure or have questions about the Process, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.