Tampa Foreclosure and Foreclosure Defense Attorney

Foreclosure and Foreclosure Defense

Foreclosure Avoidance Attorney

If you are looking for a top tier foreclosure avoidance firm in Tampa Florida, look no further.  We have been helping homeowners fight banks since 2007. If your lender or lien holder is threatening foreclosure, having a real estate attorney or foreclosure defense attorney by your side can make a difference in saving or losing your home and more. Be wary of companies that advertise services promising to save your home from foreclosure for an up-front fee. Unfortunately, many of these programs are scams that will cost you thousands and still result in the loss of your home. 

What is the difference between a Real Estate Attorney and a Short-Sale company? Apart from the fact that short-sale companies are not allowed to give legal advice, they cannot defend your foreclosure suit. Short-sales are not approved by most lenders, until you are least 90 days delinquent on your mortgage payments. But after 90 days of delinquency most lenders will refer your account to their attorney for foreclosure. This means that a foreclosure suit by the lender must inevitably be defended in court at the same time as negotiating an alternative to foreclosure with the lender. If you hire a short-sale company you may still have to hire an attorney to defend your lawsuit.

        A Foreclosure Defense Attorney, can analyze your case and situation and may be able to help you postpone or avoid a foreclosure judgment, giving you more time to refinance your mortgage or negotiate either a Short-sale or Deed in Lieu of Foreclosure with the lender. Should a real estate investor or short-sale company approach you regarding avoiding foreclosure, promising to make all your problems go away, you should consult a Real Estate Attorney before signing anything.

Our Foreclosure Defense Attorney will communicate with your lender(s), real estate agent or broker and the title company. A lot of paperwork goes back and forth between all these parties.
By being proactive prior to foreclosure on your home you can increase the chances of saving your credit report from being negatively affected. Do not wait until you have been served with foreclosure papers to contact a real estate attorney. It is a lot easier to avoid foreclosure by being proactive in the early stages of default rather than waiting until you have been served with foreclosure papers. Our services include: 

Submitting Loan Modifications

Submitting Short Sales 

Negotiating a Deed-In-Lieu of Foreclosure

Litigation for Damages from Straw Buyer and Foreclosure Avoidance Scams 

Foreclosure Defense Attorney

Foreclosure Defense is our bread and butter. It is how we built our name and reputation. For years after the real estate bubble burst most of our business involved fighting banks for a living. We still love working with homeowners to keep them in their home. Most people do not consult with a Real Estate Attorney until they have already been served with Foreclosure papers. If there is ever a time to consult with an attorney, it is now!

Should I walk away from my home?

        Television and radio shows have covered this subject extensively since the real estate market crashed.  This desperate move is occurring all over the country, in a move many Americans see as their “last way out”.  What these programs fail to mention is that the repercussions of walking away from your home, and its debt, vary tremendously by the state in which you live. 

        What can happen to you in Florida if you just “walk away” from your home? Once you lose the home to the lender in a foreclosure action, it will be sold at auction. Once it is sold, the lender will try to recover their losses through a motion for deficiency judgment, which is usually granted through the foreclosure action. Your assets could be seized and your paycheck garnished to fulfill this deficiency. A deficiency judgment is valid for 20 years in Florida. 

        Most short sales and deed-in-lieus negotiated by a Foreclosure Defense Attorney will release you of any debt. Sometimes you may be required to bring something to the closing table. But if you do, compared to the debt, it will be pennies on the dollar. 

When people defend foreclosures by themselves, they usually lose the home faster than with an attorney. Also, most people will not negotiate away the deficiency judgment on their own. Legal representation in a foreclosure action is imperative to achieving the best outcome possible, given the circumstances.

Foreclosing on Property by Individuals and Small Businesses

We do not represent banks. We never have and never will. However, we do represent individuals and small businesses who need to foreclose on property in order to collect their debt. If you or your business need to foreclose on property because the homeowner has stopped making mortgage payments then we can help! Please contact our office to get a quote for your foreclosure needs.

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Peart Law Office, P.A.

10150 Highland Manor Drive Suite 200, Tampa, FL 33610

(813) 314-2475

Hours of Operation


9:00 am – 5:00 pm


9:00 am – 5:00 pm


9:00 am – 5:00 pm


9:00 am – 5:00 pm


9:00 am – 5:00 pm