As prices continue to rise, more and more homeowners are looking at a bleak reality when it comes to their mortgage, particularly in Central Florida.
A recent report by Attom Data showed Florida and, particularly the Central Florida area, is leading the country in mortgage foreclosures. In fact, one out of roughly every 1,800 homes in the state has filed for foreclosure, with Osceola County having the highest rate in the state.
Anyone who has experienced the possible loss of their home to a foreclosure knows this can be among the most stressful times in a person’s life.
The good news is that help is available for homeowners, even if they have missed just one payment. In fact, the earlier a homeowner engages with an attorney about their financial situation, the better off the homeowner can be in the end.
Particularly, homeowners should not wait until a lawsuit is filed. An early legal review can act as a stabilizing force, giving a homeowner clarity, leverage and a roadmap long before timelines start to close in.
The attorneys at The Orlando Law Group specialize in real estate law and helping people in Orlando, Sanford, Winter Garden and Kissimmee with their financial issues, including coordinating with your lender about missed payments and a possible foreclosure.
Understanding the rules
Foreclosure is not a simple process. It involves pages and pages of contracts and is governed by very specific state statutes and timelines. Missed notices, misunderstood deadlines or incomplete paperwork can accidentally accelerate the process.
While it may seem like the process is stacked against the homeowner, there are many guardrails to help keep a homeowner in their home.
Of course, someone has to know the rules to be able to use them and that is where an attorney comes in. They work with lenders every day and have been doing so for years.
An attorney can help explain:
- The required documents a lender has to send before initiating foreclosure,
- How long each stage of the process takes,
- The rights of a homeowner, and
- What can be done if the lender makes mistakes during the process.
As they say, knowledge is key. By working with an attorney, a homeowner will be able to use every tool available to avoid foreclosure.
Attorneys find errors or violations before they cause damage
One of the key ways homeowners fight foreclosures is by finding places where the lender made a mistake. Of course, lenders are eager to exploit any errors a homeowner makes as well.
The lenders have a team of attorneys who focus their entire time on foreclosure and collections. For most homeowners, a foreclosure is an isolated experience and they have no idea about what could help or hurt them.
One of the things an attorney will do is review all of the communications and transactions between the lender and the homeowner for mistakes, such as an incorrect escrow calculation or a failure to send a notice within the proper time frame.
They will also help the homeowner avoid making a mistake, like not replying to a notice within a statutorily required time frame.
Catching these issues early gives the homeowner leverage in discussions with the lender and may slow or even halt aggressive collection or foreclosure activity. It’s far easier to fix errors before a foreclosure is filed than to unwind them later in court.
A buffer between the homeowner and the lender
Very few people, if any, actually like talking to a lender or a collections agent. The constant calls exacerbate the stress of the situation when a homeowner is behind on their mortgage and other bills.
Having an attorney involved in the process gives the homeowner a buffer between themselves and the lender. After all, once engaged, the attorney will be speaking on the homeowner’s behalf to ensure all the rules are followed.
This also means a more structured line of communication with a lender. State statutes often set the timelines for a foreclosure. The attorney will ensure all communications are on those timelines, along with clear documentation of all correspondence.
While hiring an attorney does not stop collection calls completely, once a lender knows that an attorney has been hired, they will most likely communicate directly with the attorney.
Plus, the lender, knowing that a homeowner is represented, often responds differently than they would to the homeowner. They won’t try and take shortcuts and make fewer mistakes. In addition, they are often more willing to negotiate.
An attorney preserves all options, even bankruptcy
When an individual falls into financial disarray and starts missing payments to lenders, all options need to be on the table to restore their financial stability.
In some cases, it could be selling the home, even if it is a short sale. It could be a refinance or a simple mortgage renegotiation.
Most people do not want to consider filing for bankruptcy protection with the courts, but that is an option and has proven to be an effective restart for people.
While bankruptcy is never a first choice, knowing how and when it could be used removes the fear of the unknown.
In most cases, the attorney who is helping the homeowner can also provide legal assistance throughout the bankruptcy. The attorney can fully explain the differences in the bankruptcy code and guide the homeowner to the type of bankruptcy that works best for their unique situation.
The attorney can also talk about how bankruptcy affects a mortgage and the ability to stay in the home.
Every case is different, so it’s essential to have someone who understands all of the laws related to bankruptcy. Understanding this landscape early means you won’t be forced into a rushed decision later.
An attorney reduces stress and gives homeowners back a sense of control
At the end of the day, financial hardship feels chaotic, and foreclosure fears can amplify every missed bill or unexpected expense. It’s a difficult time in someone’s life, but an attorney can truly become a trusted advisor.
By working with an attorney, a homeowner will understand what is happening and what to expect before it happens. The attorney can explain what the lender can and can’t legally do.
Most importantly, the homeowner will have a legally sound plan to get back to financial stability rather than just reacting to every new interaction.
Many homeowners walk away from an initial consultation feeling relieved, simply because the unknowns are gone.
An early consultation with an attorney does not lock someone into a legal battle. It simply gives a fuller picture and more control at a moment when uncertainty is at its highest.
Remember, you’re not hiring someone to fight yet; you’re hiring someone to explain your landscape and help you avoid unnecessary mistakes.
The attorneys at The Orlando Law Group help with all types of legal issues in real estate in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Last Updated on November 30, 2025 by The Orlando Law Group
