Florida Statutory Foreclosure Defense

• Home - Foreclosure Defense
• Attorney
• Firm Overview
• Contact- Free Consultation

• What is foreclosure
• What are your rights
• Why should I fight my foreclosure
• Frequently Asked Questions
• Foreclosure Defense
• Commercial Foreclosure Defense
• Florida Foreclosure Laws
• Short Sales
• Deed in Lieu 
• What is a Chapter 7 Bankruptcy
• Chapter 13 Bankruptcy
• Chapter 7 Bankruptcy
• Debt Forgiveness Income

Common Florida Foreclosure Defenses

Statutory Defenses

Usury - Usurious contracts are statutorily defined in Florida as contracts for the payment of interest upon any loan, advance of money, line of credit, or forbearance to enforce the collection of any debt, or upon any obligation whatever, at a higher rate of interest than equivalent of 18% per annum.

The general elements required to prove usury as a defense to a Florida foreclosure are (a) an express or implied loan (b) an understanding between the parties that the money loaned shall be returned (c) an agreement that the greater rate of interest than is allowed by Florida law to be paid.

Balloon Mortgage - A balloon mortgage must bear a clearly stamped or printed legend indicating it is a balloon payment, and informing the borrower of the amount of the principal payment due at maturity.

Statute of Limitations - A Florida foreclosure action may not be commenced after 5 years of the maturity of the obligation secured by the loan document.

Truth in Lending Act (TILA) - TITLA allows for rescission if the lender fails to make certain disclosures to the borrow. Such disclosures include the loan's APR, the finance charge, the amount financed, the total number of payments and payment schedule.

Other Common Florida Foreclosure Defenses
Lender Liability Defense >

Equitable Defenses >

Contractual Defense >