Foreclosure Litigation
Commercial foreclosures can be very complex cases. If you are involved in a commercial foreclosure case it is essential that you have an experienced Miami commercial real estate lawyer assisting you. A Miami foreclosure lawyer can guide you through the process, advise you of your legal options, and give you the best chance of a successful outcome.
The Commercial Foreclosure Process in Miami
All commercial foreclosures begin with the lender filing a complaint with the clerk of the court. Within the complaint, the lender will seek a foreclosure on the property and damages they incurred as a result of the defaulted loan. The lender may also include a receivership clause that allows a receiver to take control of the property and the assets related thereto.
Once the complaint is filed, the lender will then serve you or your business with a copy of a summons and the complaint. You have 20 days to respond to the complaint and if you do not, the lender will likely obtain a default judgment of foreclosure. After a default judgment has been issued, it is extremely difficult to defend the case.
Even if you respond to the lawsuit, the lender will still likely try to obtain a summary judgment from the court. They will argue that there are no arguments pertaining to the facts of the case and the law and so there is no need for a trial. If there is a question of fact, the borrower may file an affidavit in opposition to the lender’s motion for summary judgment and will prevent the foreclosure of your property. The lender will not be able to foreclose the property unless they prevail at trial and are able to prove their case.
Defenses to Commercial Foreclosure
Facing a commercial foreclosure is scary, but it is not hopeless. There are many defenses available that will allow you to challenge the case of the lender. The most common defenses used in commercial foreclosure cases are as follows:
- Usury or the lender charged an unreasonably high-interest rate
- The absence of a default
- The statute of limitations has expired
- Fraudulent inducement
- Lack of notice or defective notice
- The lender cannot prove they own the loan
After a Miami foreclosure lawyer has reviewed the facts of your case, they will determine which defense strategy is most appropriate for your case.
Call Our Foreclosure Lawyers in Miami Today
Facing foreclosure is a frightening prospect for anyone, but when the property of your business is at stake, it may seem as though your entire life is on the line. At Edelboim Lieberman our Miami foreclosure lawyers know the best defenses available that can protect your assets, your business, and your family. Call us today at (305) 768-9909 or fill out our online form to schedule a free and confidential consultation with a Miami commercial real estate lawyer and to learn more about the legal options available to you.
