Florida Foreclosure Attorney Representing Lenders and Borrowers

Florida Foreclosure Attorney David Gongora, Esq.
David Gongora, Esq.

As discussed here, during David’s tenure with Blaxberg, Grayson & Kukoff, P.A., he has been involved in complex commercial litigation matters including, but not limited to, defense of international multi-million dollar fraud-based claims; defense of Carmack Amendment and Montreal Convention claims against carrier in Federal Court; prosecution of inverse taking claims; prosecution of claims for brokerage commissions; defense of lending institutions against Association claims for assessments; prosecution of mortgage foreclosure claims; and occasional foreclosure defense.

Are you a lender looking for alternate foreclosure counsel in Florida? Contact a Florida Foreclosure Attorney.

Borrowers: Seek Assistance Before Hiring a Florida Foreclosure Attorney

Are you a borrower facing Foreclosure? Contact me or any other qualified Florida foreclosure attorney only after you have exhausted all efforts to resolve the issues directly with your lender or servicer. The following are useful resources for those borrowers seeking foreclosure assistance:

  • Florida Hardest Hit – The federal government has allocated funding to help pay the mortgages of qualified homeowners who are unemployed or underemployed through no fault of their own. Reduction in household income due to death, divorce or disability of a borrower or co-borrower, or any other household member DOES NOT qualify as a financial hardship under this program. The program is availalble in all 67 counties in the State.Homeowners who qualify for assistance may receive up to twelve (12) months of monthly mortgage payments (including escrowed mortgage-related payments) with up-front mortgage reinstatement funds, or funds to pay past due mortgage payments to bring a delinquent first mortgage current; these funds are paid directly to the loan servicer/lender.

    Eligibility requirements include, but are not limited to, the following:

    Must be a Florida resident and a legal US resident/legal alien;
    Must occupy property as primary residence;
    Must be unemployed or underemployed, with at least a 10 percent reduction in income.

    Follow the link and download the “Frequently Asked Questions” document, which contains the complete list of Florida HHF eligibility requirements and program benefits.

    This is an excellent program that I have seen save a lot of homes for a lot of Florida families. If you are looking for a Foreclosure Defense Attorney, you should first determine whether you are eligible for relief under the Hardest Hit Program or other widely available programs. You should request a modification package from your lender, submit a complete documentation package, and try to obtain a response on your application.

  • Home Affordable Modification Program – the HAMP program also provides much needed relief to borrowers facing foreclosure. You or your family may be eligible for a HAMP modification if you meet the following criteria:
    you are struggliing to make your mortgage payments due to a financial hardship.
    You are behind on your payments or in danger of falling behind on your mortgage payments.
    You closed on your mortgage loan prior to January 2, 2009.
    Your property has not been successfully condemned.
    You owe less than $729,751 on your primary residence or one-to-four unit rental property (loan limits are higher for two- to four-unit properties).
    You have not been convicted of a crime associated with a mortgage or real estate transaction within the past 10 years.In order to see if you qualify, and to obtain more detailed qualification criteria, you need to contact your mortgage servicer and begin the HAMP evaluation process.
  • Home Affordable Refinance Program – HARP – is designed to assist homeowners in refinancing their mortgages – even if they owe more than the home’s current value. According to Harpprogram.org, 9 out of 10 of eligible Homeowners fail to take advantage of this government program. It is worth taking a look at to determine if you are eligible.
  • Hud.gov – is an excellent resource and filled with ideas that may allow borrowers to keep their homes without the need to litigate with their lenders.
  • Avoid Foreclosure Rescue Scams – Unfortunately, several companies are taking advantage of the sensitive position that befalls a homeowner in foreclosure. As a result, a lot of scams and fraud are being perpetrated on these groups. Beware, the companies offering these foreclosure rescue schemes are not attorneys. A real attorney should never promise or guarantee an outcome. See the following video, originally posted by the Federal Trade Commission, which sheds some light on the problem.

If you are a borrower that needs help with foreclosure, Litigation is your last solution. Try to work something out with the bank first. Most borrowers can do this on their own without the need to hire a foreclosure attorney. If, however, your hard work falls on deaf ears or you are ineligible on every program, then do not sit around and do nothing. Contact my office and see if we can’t help you.

Fair warning – I cannot represent every borrower that needs my help. As a Florida Foreclosure Attorney, I have represented several lending institutions and institutional investors in their foreclosure actions. As such, conflicts inevitably arise which may prevent me from accepting your foreclosure defense case. I will, however, promptly advise whether I am unable to represent your interests and refer you to another trusted Florida foreclosure attorney that can help your cause.

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