The law firm of Alan Workman, P.L. is located in Cape Coral, Florida. Alan Workman has more than twenty years of experience in civil and criminal litigation. We represent clients in Lee, Collier and Charlotte counties of Florida.
Our legal practice is limited to representing individuals in matters involving strategic default and foreclosure defense. We provide consultations and full litigation services.
Foreclosure is the legal process by which a bank or lender takes legal ownership over a property as a result of the property owner’s failure to pay the mortgage. Even if payments were not made, there may be defenses available to fight foreclosure, possibly even preventing foreclosure. An aggressive foreclosure defense holds the lender to their burden of proof by forcing them to establish that they are entitled to foreclose and further, forces them to provide the proper documentation required to foreclose. If they are unable to do either, then foreclosure may be avoided.
The most critical stage in the foreclosure process is the serving of the complaint and summons on the borrower. This begins the twenty day period of time within which the borrower must file a response to the complaint. It is critical that the borrower consult with an attorney and file any available motions, affirmative defenses, and/or counterclaims during this twenty day period. Failure to do so could result in a waiver of critical defenses. The failure to file any response within twenty days could result in the entry of a default judgment and the sale of the property. Although an aggressive foreclosure defense may be lengthy and time consuming, it may have the beneficial consequence of extending the typical foreclosure process from several months to several years.