Mortgage and Lien Foreclosures

Mortgage and Lien Foreclosures


Foreclosure is a specific statutory process in which a lender, such as a bank or mortgage company, attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan. Through the process of foreclosure, the lender seeks to foreclose (in plain English, immediately terminate) the owner’s legal and equitable title to the property. Other lien holders can also seek to foreclose an owner’s property for other debts, such as unpaid contractors’ bills or overdue homeowners’ association dues or assessments.

The Law Offices of Paul M. Kade represents banks and other lenders who have grounds for foreclosures. In addition, he also represents lien-holders who are seeking to foreclose on real property to collect the money that they are owed. Foreclosing on residential or commercial real estate in Florida is a multi-phased and time-consuming process. Paul M. Kade has over 30 years of experience working with creditors, condominium and homeowners associations, and mortgage lenders who are seeking monetary releif through foreclosure. He has the knowledge and experience to ensure that your foreclosure action is based upon a competent title search and is done in an efficient manner for maximum return. For more information , please contact us at (305)670-6929 to schedule an initial appointment.

Foreclosures for Mortgagors in the State of Florida

If you are holding a mortgage that is secured by a residence or piece of commercial property, and the owner/debtor fails to make payments in a timely manner, you may consider initiating foreclosure proceedings. While foreclosure may not be the optimal solution in all cases, for many lenders it is often the only way to recover at least a portion of their investment. The Law Offices of Paul M. Kade can handle all aspects of a property foreclosure including:

  • Drafting and sending missed payment notices
  • Sending out notices of default
  • Sending foreclosure notices
  • Conducting a thorough title search to identify all junior lienors so that your interest remains paramount
  • Performing skip traces to locate the correct addresses of all the parties for property service of process
  • Drafting of proper pleadings including the establishment of lost promissory notes
  • Placing the home or property for sale at auction
  • Arranging the re-possession of the property
  • Compliance with local ordinances regarding registration and re-certification of foreclosed properties
  • Lien Foreclosures in FL

Lien foreclosures have become more prevalent in recent years because many homeowners have failed to pay assessments levied by their homeowners or condominium associations either due to the poor economy and/or depressed land values, resulting in the accrual of high delinquent balances. In most cases, the associations are not in the position to wait until the property is sold or the homeowner decides to pay the debt. Recent changes in Florida law allows the associations to seize the rentals of such properties for payment of the accrued fees. For those properties that are not rented, lien foreclosures allow the associations to force the sale of the property to themselves or to third parties in order to recover these fees and remain solvent. Contact the Law Offices of Paul M. Kade at (305) 670-6929 to discuss with Mr. Kade the optimal way to recover your association’s delinquent assessments.

Professional Foreclosure Lawyer for Miami and the Rest of South Florida

Foreclosure is not a suitable recourse in all cases. When you have exhausted other means to try to gain compliance from a borrower, however, foreclosure may allow your company or association to be made whole. To schedule an initial consultation with Miami’s premier mortgage and lien foreclosure attorney, contact the Miami Law Offices of Paul M. Kade at (305) 670-6929.