Debt Relief Attorney in Orlando, Florida
Zuniga Law, P.A., is a law firm that provides legal services to individuals, families, and small businesses when they need it most. We help clients who have become immersed in debt and now face unwelcome consequences.
Mortgage Loan Modification
Once a mortgage loan goes into default it faces the risk of going into foreclosure. If the homeowner wishes to save the property it is important to begin an application requesting the modification of the loan terms. This is a long process and some mortgage lenders make this process very burdensome, frustrating, and unnecessarily long. However, our office is familiar with this process and we have been able to help many clients change the terms of their mortgage loans and remain in their homes.
It is important that the debtor be represented by Counsel as well so that the best possible resolution be achieved. We are familiar with the loan modification process and will use that experience to achieve the best possible result for our client.
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Foreclosure is a legal proceeding by which a creditor that holds a lien on real property tries to force the repayment of a debt that is in default, by trying to obtain a judgment that ultimately has the effect of allowing the sale of the property in a foreclosure sale. Individuals who stopped making payments on their mortgage loans or home equity lines of credit, face the risk of being sued in court for foreclosure.
Once the foreclosure complaint is served, the defendant has 20 days to respond. If no response, the creditor can obtain a judicial default and a default judgment, which accelerates the process. If the individual wishes to save the home, a loan modification can be negotiated. The creditor is represented by counsel in these cases. It is important that the debtor be represented by Counsel as well so that the best possible defenses are established and that the best possible resolution is achieved.
Our office has represented many homeowners during this difficult time. We are familiar with these cases and we will defend the case with the goal of achieving the best possible result for our client.
There are times when creditors take the step to use the judicial system to collect a debt. If a debt remains unpaid an unresolved the creditor will file a collections lawsuit, typically in the county in which the debtor resides. The creditor will file a complaint with the court which needs to be served upon the defendant (the debtor).
Once the defendant is served, the defendant needs to respond to the complaint. If the case is in small claims court in Florida, normally the Court would assign a date for a pre-trial conference hearing. If the defendant fails to respond to the complaint or fails to appear at the pre-trial conference hearing, he/she risks getting a default judgment against him/her and accelerating the collections process.
Debt Restructuring is the process by which a Debtor and a Creditor agree to modify the terms of their original agreement so that a better repayment plan is established for the repayment of a debt. There are instances in which a Debtor, whether it be an individual or a business, is unable to meet the original terms of the repayment agreement and is at the prospect of falling behind in payments. A negotiation to restructure the original terms of the debts would be beneficial.
This is particularly important for example in small business loans, account receivable loans, secured loans, etc. It is important to be represented by counsel, as it is common that creditors will not want to discuss changing the terms of their agreement with the debtor. Having an experienced third party handling such negotiation has a better chance of achieving the desired result.
Debt Settlement is the agreement to resolve debt through a reduced amount. Accounts that are not paid go through the debt collection process. The debt collection starts with collections calls and can escalate to litigation and enforcement and execution of a money judgment. It is common that as the account falls further behind in payments, the creditor, collections agency, or debt buyer of the account is willing to negotiate such debt at a lower amount.
It is important that a debtor be represented by counsel that is knowledgeable about this process and knows the creditors so that the best possible settlement is reached. A debt settlement is typically available at any point of the collections process, including litigation. Debtors must be careful with debt settlement companies who offer debt settlement services but who are not attorneys and not offering legal representation.