New Door Title and Polin Law
Home Buyers

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Ph: (561) 353-0909
Fx: (561) 353-5455

One Lincoln Place
1900 Glades Road
Suite 355
Boca Raton, FL 33431


Foreclosure Defense

Polin Law Group provides legal representation for individuals and companies that have been served with a foreclosure lawsuit. There are many circumstances where our attorneys may be able to defend your property rights and delay or prevent the bank from seizing your most precious asset, your home or commercial property. We review everything from the mortgage documents, the note, the bank disclosures, to the manner in which you were served, in order to create a specifically tailored plan for your defense. We evaluate each client’s individual circumstances to determine an effective plan of action. Property owners who need additional time to arrange a workout, refinancing, or a private sale, often benefit from fighting foreclosure.

No borrower or homeowner should endure foreclosure proceedings without the assistance of experienced attorneys. In addition, it is now illegal in Florida for anyone else except for an attorney to negotiate a loan modification with your Lender. If your bank is threatening to foreclose, or even if you've already had papers filed against you, it may not be too late to save your property. Homeowners have rights and unless they invoke such rights, they won't be able to mount the best possible legal defense to save their home or property. Homeowners should also beware of lenders that continue to negotiate with a borrower while they also proceed with their foreclosure action. Many homeowners fail to defend against their lender's foreclosure actions based on false representations and false hopes that their lenders will work with them.

Once you've been served with court papers, you have only a few days to fight back and stop your home from being sold out from under you. The longer you wait, the harder and more expensive your fight will be. That being said, even if your sale date is just days away, in some cases it is still possible to stop the sale and keep you in your home. Ultimately, we highly recommend you contact us as early as possible in the process.

In addition, many foreclosure defense law firms do not have all of the necessary services and experience to completely defend your foreclosure. Since the Firm practices both in foreclosure defense, loan modification and bankruptcy, we can combine the three strategies to best achieve your objectives and keep you out of foreclosure for the longest possible period. Law firms who only practice in one or two of these three areas are not able to fully provide you with the complete solution necessary to handle your case from beginning to end. Contact us now if you were served with foreclosure papers or are expecting to receiving foreclosure papers so we can promptly assist you.

Foreclosure Defense

The recent downturn in the real estate market, coupled with the mortgage crisis, has resulted in an unprecedented rate of foreclosure filings. Clients from across the country have retained the Polin Law Group to defend Florida foreclosure lawsuits. Florida is a “judicial foreclosure” state, unlike many states where the lender can bypass the legal system to foreclose a property. Our firm has enabled many of our clients to remain in their homes in excess of a year while we make the lender prove its case. Foreclosure Defense can also give you the time to complete a short sale or modify your mortgage so you are not faced with a foreclosure or deficiency judgment. There are many circumstances where our law firm may be able to defend your property rights and prevent the bank from seizing your most precious asset. We review everything from the mortgage documents, the note, the bank disclosures, to the manner in which you were served, in order to create a specific plan for your defense. We evaluate each client’s individual circumstances to determine an effective plan of action.


If you have been served with a complaint to foreclosure on your home, your options are limited. First, you can negotiate with your mortgage company to reinstate the mortgage. Secondly, you can file a Chapter 13 bankruptcy. Thirdly, you can sell your home or attempt to refinance. Fourthly, you can give up and get out of your home. Finally, you can fight the foreclosure.The first two options assume that you can afford your current monthly payment, and selling or refinancing your home may be impossible if you have little equity or even negative equity. Many homeowners, especially those with sub prime mortgages, can no longer afford the mortgage payments, even if the mortgage were current. That makes a Chapter 13 bankruptcy impossible. Even if you are behind on your payments, and cannot afford the current monthly payment, you should contact us to fight the foreclosure. While you are litigating the foreclosure case, you are not required to make your normal monthly mortgage payments. The legal process will afford you time to reinstate the mortgage, sell your home, file a bankruptcy or move out. You may be able to force the lender to completely rewrite the terms of your note and mortgage, enabling you to keep your home.This may sound too good to be true, but you may actually have valuable defenses and counterclaims against your mortgage company that could actually prevent foreclosure and even require your lender to pay you damages.

Across the country, judges are punishing mortgage companies for incomplete record keeping and for violations of the Truth In Lending Act. You may be able to allege valid defenses including fraud and Truth In Lending Act violations. Are you aware that your mortgage company is probably not the same company that actually loaned you the money to buy or refinance your home? How do you know if the mortgage company suing you has been properly assigned your note and mortgage? Your mortgage company may have failed to properly assign the note and mortgage before initiating the foreclosure. Does your foreclosure complaint even have copies of the note, mortgage and purported assignment attached? Most likely, these documents are not attached, and may not even be in the possession of your mortgage company. Your mortgage company may be attempting to substitute your original note and/or mortgage with a purported copy. This is called a “Count to Establish Lost Documents." There are strict legal requirements to establish a lost note or mortgage, and your mortgage company may be unable to meet the requirements if challenged. If your current mortgage company is not your original lender, it probably has never read your mortgage. Your mortgage may require that the plaintiff accelerate (i.e. demand) the entire balance of the note. Your mortgage company may have failed to do that, which may entitle you the opportunity to cure the mortgage by paying the reinstatement amount. It is also common for mortgage companies to inflate the balance due on the mortgage by charging homeowners junk fees, such as Broker Price Opinions (BPO), property inspections and other "property preservation expenses." So, essentially, your mortgage company may have filed an improper foreclosure lawsuit, but your time is limited. You have or will be served a copy of the foreclosure complaint by a process server. You typically have only 20 days to respond to the mortgage company's complaint, so you need to see an attorney immediately if you wish to defend against the foreclosure. If you are beyond the twenty days, there are still defenses that can be raised.

Contact New Door Title, LLC and Polin Law Group today for a free consultation at (561) 353-0909.
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