Monday, January 23, 2017

Can You Appeal a Foreclosure in Florida?

When a trial court enters a judgment of foreclosure against you, it can be difficult to have that decision overturned. However, there are certain situations in which it is possible to overcome the trial court’s decision through one of the methods of appeal. The following are some of the options you have to appeal the decision.

Motion for Rehearing - This is filed with the trial court and requests that the court grant you another hearing based on facts or law that you believe were overlooked or misinterpreted by the court. There are often no opportunities to appear at a hearing on this type of motion, so it is imperative that the motion is as persuasive as possible.

Motion to Vacate - You may request that the trial court sets aside its judgment of foreclosure1 if a serious issue existed in your case, including fraud, excusable neglect, mistake, newly discovered evidence, or a similar legal basis.

Filing an Appeal - You may file a petition for the Florida District Court of Appeals2 to overturn the decision of the trial court. Homeowners who were represented by a qualified foreclosure lawyer often have a better chance of obtaining an appeal because legal issues must be preserved to be brought to the attention of the appellate court.

It is critical to realize that there are strict time limits for most appeals, such as 15 days for a motion for rehearing or 30 days to file a claim with the Court of Appeals. In addition, you want to ensure you clearly state all of the legal and factual reasons why you believe the judgment should be overturned or reconsidered and must support these arguments. For these reasons, you should always have a highly skilled foreclosure defense attorney drafting, filing, and arguing your appeal. 

Contact a St. Petersburg Foreclosure Defense Lawyer to Discuss Your Case

Whether you are about to default on your mortgage or whether you are seeking to appeal a foreclosure decision, the highly experienced foreclosure defense attorneys at the law firm of Berkowitz & Myer can help you. We will explore every option to help you keep your home, so if you have foreclosure concerns in or around St. Petersburg, FL, please call our office at 727-344-0123 today.


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