Facing foreclosure is extremely stressful. Notably, foreclosures are starting to rise. As of October 2025, Florida has the highest foreclosure rate in the entire country (Florida Politics). If you have fallen behind on your loan and you are at risk of being foreclosed upon, you may have a lot of questions about your options. As frustrating as the process can be, it is important to remember that there are options available. At The Dellutri Law Group, PA, our Florida foreclosure defense attorney can help you fight back.
Your Options to Fight Back if You are Facing Foreclosure in Florida
Request a Mortgage Reinstatement or Workout Review
As a starting point, financially distressed homeowners in Florida should consider their options for a mortgage reinstatement and/or workout review. It is a great starting point. Many homeowners qualify for reinstatement, repayment plans, or other workout options if they contact the lender early enough. The lender must provide accurate reinstatement figures and comply with federal loss-mitigation rules. A reinstatement brings the loan current and stops the foreclosure lawsuit. When available, a mortgage reinstatement is generally the fastest and most direct solution for homeowners who recently fell behind.
Note: The sooner you take action after falling behind on your payments, the more likely you will be offered reinstatement options by your lender.
Apply for a Loan Modification
A loan modification is different from a mortgage reinstatement. It adjusts the terms of the mortgage to create an affordable payment. Lenders may extend the loan term, reduce the interest rate, or roll arrears into the principal. Federal regulations require lenders to review complete applications in good faith. Submitting a timely, complete modification package can pause foreclosure activity while the review is pending. If you have any questions about loan modification, our Florida foreclosure defense lawyer is standing by, ready to help.
Challenge Standing and/or the Validity of the Mortgage
Florida law requires the plaintiff to prove that it has the legal right to enforce the mortgage. In other words, the lender will need to prove that their loan terms are valid in order to move forward with a foreclosure. Why does this matter? Some foreclosure cases involve defective assignments, missing endorsements, or incomplete documentation. If the lender cannot prove standing at the time it filed the lawsuit, the case can be dismissed. Courts take this requirement seriously because standing is a threshold issue in every judicial foreclosure. If you have any questions about challenging standing, our Florida foreclosure defense attorney can help.
Raise a Foreclosure Defense Based on Servicing Errors
Mortgage servicers routinely make mistakes. Common errors include misapplied payments, improper escrow calculations, failures to credit insurance payouts, and inaccurate default notices. The federal Real Estate Settlement Procedures Act (RESPA) allows homeowners to demand account corrections and restricts servicer conduct. Servicing violations can slow or derail a foreclosure until the errors are resolved. Our Florida foreclosure defense lawyer can help you evaluate this defense.
Assert Violations of the Mortgage Contract
Most Florida mortgages require the lender to send a proper breach letter before acceleration. The letter must state the default, the action needed to cure it, and the deadline. If the lender fails to send a compliant notice or if it accelerates the loan prematurely, the foreclosure may be defective. Contract violations can provide strong leverage in settlement negotiations. If you have any questions about this option, our Florida foreclosure defense attorney is here as a legal resource.
Use the Discovery Process (Test the Lender’s Evidence)
Foreclosure cases often depend on sworn statements, business records, and electronic servicing data. Through discovery, homeowners can demand documents, require sworn testimony, and expose weaknesses in the lender’s case. Incomplete data, inconsistent records, and unreliable affidavits undermine the lender’s burden of proof. Discovery is one of the most effective tools in judicial foreclosure defense. You need a Florida foreclosure defense attorney who is experienced in the discovery process.
Consider Mediation (Potentially a Court-Ordered Settlement Conference)
Florida courts frequently require mediation in foreclosure cases. Mediation gives homeowners a controlled environment to negotiate loan modifications, reinstatement plans, or short sales. Many lenders are more flexible in mediation because they must justify their decisions to a neutral mediator. A well-prepared homeowner often secures better terms in mediation than through direct servicer communication.
Consider a Chapter 13 Bankruptcy
Although not the right option for every situation, Chapter 13 stops foreclosure immediately through the automatic stay. It also allows homeowners to catch up on arrears over a three-to-five-year repayment plan while maintaining current payments. Unlike loan modification programs, the right to cure arrears in Chapter 13 is statutory. It does not depend on the lender's discretion. The tool is essential for homeowners who cannot reinstate the loan in one lump sum.
Evaluate Short Sale and Deed-in-Lieu Options
Finally, some homeowners decide that keeping the property is not feasible, but still want to avoid a foreclosure judgment. A short sale allows the homeowner to sell the property for less than the debt with lender approval. A deed in lieu transfers ownership back to the lender without full foreclosure. Both options may reduce financial exposure and protect credit more effectively than a judgment.
We Help People Protect Their Home Against Foreclosure
Facing a foreclosure on your home can be extremely stressful, even overwhelming. It is important to know that you have options available. At The Dellutri Law Group, PA, we are proactive and solutions-oriented. We help people in Florida protect their homes against foreclosure. The sooner you take action, the better positioned you will be to stop a foreclosure. Your initial consultation with our Florida foreclosure defense lawyer is free, confidential, and without any further obligations.
Call Our Florida Foreclosure Defense Attorney Today
At The Dellutri Law Group, PA, our Florida foreclosure defense lawyer is a strong, experienced, and solutions-focused advocate for clients. If you have any questions about your options when facing foreclosure, please do not hesitate to contact us today for a confidential consultation. You should explore every option to protect your home. We handle foreclosure defense throughout Florida.
Consider a Chapter 13 Bankruptcy
Although not the right option for every situation, Chapter 13 stops foreclosure immediately through the automatic stay. It also allows homeowners to catch up on arrears over a three-to-five-year repayment plan while maintaining current payments. Unlike loan modification programs, the right to cure arrears in Chapter 13 is statutory. It does not depend on the lender's discretion. The tool is essential for homeowners who cannot reinstate the loan in one lump sum.