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Professional Advice on Your Home Foreclosure: An Interview with Curtis Elmore of Curtis Elmore Law PA

By Curtis Elmore

Tell us a little bit about your experience, firm history and the areas of law that you practice.

Since 2001 I've been practicing all around the state of Florida mostly in criminal defense where one can get trial experience; and then in 2008 I started Curtis Elmore Law and now I practice exclusively foreclosure defense.

Discuss in brief what a foreclosure is and how it can be initiated.

Foreclosure is the process by which a lien holder, like a bank that holds a mortgage, perfects that lien, and thereby takes control of the property, usually to put it up for sale to recover the money that was promised in the Promissory Note at the time of purchase. Banks, or their loan servicers, are required to give proper notice when a foreclosure suit is instituted, which means they must file a document called a "Lis Pendens" in the Official Records in the county in which the property is located, which is also public record anyone can access online. Also, the bank must notify the homeowner, and usually does so by having them personally serve a copy of the Lis Pendens, though this can be done by announcement in the newspaper if the homeowner can't be found.

What should every homeowner know about rights during a foreclosure?

Every homeowner should know that there are laws which govern the foreclosure process and protect the homeowner from sudden or unfair foreclosure in the State of Florida, and that homeowners have the right to contest a foreclosure in court before their property can be sold.

What are the benefits of working with an attorney when your home is being foreclosed?

An attorney can guide you through the process while defending you in court to try to enable you to reach your goal with your property, whether that be keep the property through a loan modification, or return the property to the bank debt free, or something novel.

How do Florida state laws affect the foreclosure process?

Florida state laws are strong where homeowners are concerned. In the state of Florida homeowners cannot be dispossessed of their property without a hearing in court of law, a process which can take several months. There are also several other provision which compel the banks to prove they've been fair throughout the process and follow the proper procedure.

What do you have to offer homeowners when it comes to this process?

My biggest advice to homeowners is to decide what you want out of the foreclosure crisis situation and then strive to get that outcome. Many prudent purchasers and longtime homeowners have found themselves in difficult situations since 2008. It's most important to maintain the hope and the belief that you can emerge from this crisis in the position that you would like to be in, or at least a better position than you're in now. Many significant and substantial programs have been generated by the federal government in effort to help homeowners avoid the worst of the foreclosure situation. Take advantage of these programs. In short, stick up for yourself and others like us will be there to help you.

What's the best way for people to reach you and your firm?

People can google my name, Curtis Elmore, to find my firm's website and contact information. I'm usually available to answer direct questions if people simply pick up the phone and call. Know your rights.

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About The Author

Curtis M. Elmore is a graduate of The University of Florida and The University of...

Phone: 352-374-8411

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