What is a Notice of Acceleration and When Does It Appear in the Florida Foreclosure Process?
During the pre-litigation period, before a bank or servicer has filed a lawsuit, borrowers may receive a notice of acceleration. The notice usually sets forth the amount owed under the note, the fact that the bank is immediately demanding all sums due under the note, and that the failure to pay those amounts within a certain time period may result in the filing of a lawsuit. This notice can be sent to homeowners any time after a mortgage payment is missed and the bank or servicer wishes to accelerate the enforcement process.
How Does a Notice of Acceleration Provide Foreclosure Defenses in Florida?
As touched on in this previous blog post, notices of acceleration provide a few specific defenses to foreclosure. First, homeowners may assert that the notice was not sent. This failure can be deemed a failure of the bank to meet a necessary condition precedent to filing for foreclosure. Thus, homeowners can use the failure of a bank or servicer to send the notice as a defense to any motion for final judgment or at trial, and homeowners can also go on the offensive and attempt to dismiss the bank’s case for failure to meet those conditions precedent.
Second, homeowners can contest the specific language contained in the notice of acceleration. Typically homeowners can look to their mortgage to see the exact information that was supposed to be included in any notice, and any omission in the notice can result in the same defensive and offensive postures described above.
How Can a Florida Foreclosure Attorney at King, Nieves, & Zacks Help Me?
The attorneys at KNZLaw have viewed hundreds of notices of acceleration and can examine yours to determine whether you may have substantive defenses against the bank. Even if the bank or servicer has omitted what may seem like minor details in their notice of acceleration, you may have substantive foreclosure defenses that can help your case.
Likewise, if your bank or servicer did not send you a notice of acceleration, our attorneys are well versed in procedures designed to use that failure to preclude judgment in favor of the banks, and also to go on the offensive and attempt to dismiss the bank’s case. Be sure to ask any attorney or firm that you are considering hiring whether an experienced attorney will personally handle your matter, rather than an unlicensed paralegal or an inexperienced associate. At KNZLaw, you can be assured that an attorney personally experienced in the Florida foreclosure process will attend to your matter.