Foreclosure Litigation > Foreclosure Defense

Because of the recent flood of foreclosure cases being filed around the country, the field of foreclosure law has become a rapidly developing and constantly changing specialty practice.  The law applicable to a foreclosure case is complex and multidisciplinary, requiring the defense attorney to be a strong litigator as well as to have a working knowledge of securities law, real property law, contract law, trust law and commercial law. 

Foreclosure is a civil court case against the homeowner, meaning that, to defend such a case, the attorney representing the homeowner must appear in court to argue motions and objections in front of a judge.  Nearly every case will involve “discovery,” a procedure by which the homeowner’s attorney will formally request documents or other information from the bank.  Some cases will require the attorney to conduct an evidentiary hearing, and ultimately, a non-jury trial.  This in-court area of practice is known as “litigation” and attorneys experienced in such practice are called “litigators” or “trial attorneys.”

The Ice Legal Team has over 100 years of combined experience in litigating civil cases, and over eight years specifically directed to defending homeowners in foreclosure.  We have achieved significant recognition for our role in exposing bank misconduct in the foreclosure process (Ice Legal in the News).

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If you have come to this website because you have been given a foreclosure complaint by a process server, or you have been served by publication, it is important to know that you have 20 days to respond to the Complaint or you may waive potential defenses. 

Even if you have not retained an attorney during those 20 days, you may still be able to take legal steps that could save your home.  Retaining an experienced litigator to defend the foreclosure lawsuit against you may be more affordable than you think.

Call 561-729-0530 for a Free Consultation with one of our attorneys to learn how foreclosure defense may help you and your family.  We are available to meet with you at our offices in either West Palm Beach or Miami.

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SUMMARY JUDGMENT

If you have recently had summary judgment entered against you, you have 10 days from the entry of the order to file a motion for rehearing and 30 days to file an appeal.  Under certain limited circumstances, your judgment may be vacated after the those time periods expire, but it is important to file the appropriate motion or notice before the deadlines in order to preserve the most defenses.  We, therefore, urge you to retain counsel quickly after summary judgment.