Written by: Attorney, J. Rex Powell, at Lusk, Drasites, Tolisano & Smith P.A.

Losing your home to a foreclosure is every home owner's nightmare. Unfortunately, that nightmare has become an ever-present reality for many members of the Southwest Florida community. Lee County is one of the foreclosure capitals of the United States. Displaced homeowners and "for sale" signs are everywhere.
Foreclosure is a judicial proceeding in Florida. Banks like to pretend that this is not the case, and unfortunately, our judicial system sometimes pretends that this is not the case. Procedures are not followed, lawyers prosecuting foreclosures don't do their job, and unfortunately, certain Judicial Circuits institute constitutionally questionable devices such as "rocket dockets."
Notwithstanding the questionable practices currently being practiced by banks and their foreclosure attorneys, homeowners in this state have rights. Homeowners have the right to due process, they have the right to employ an attorney to defend them in court, and most importantly, they have the right to put the bank and its attorneys to its proof.
You see, the mortgage industry no longer resembles what we grew up with. The last decade has been witness to some of the most irresponsible lending practices that this country has ever seen. Banks no longer make long term commitments when they lend to a mortgagor. Instead, banks lend money to a home purchaser, then immediately sell the loan off. Your home loan then travels a very complicated and mystifying path to its ultimate home. At the end of the day, many mortgage loans end up "owned" by thousands of individual investors.
What does this mean to you, the homeowner facing foreclosure? It means that the entity threatening foreclosure, or perhaps suing you, may not even be the owner of your mortgage. It means that your mortgage payments may not have been properly paid to the actual owner(s) of your mortgage. Ultimately, it means that you should hire an attorney who can help you unravel the confusion, and traverse the difficult path of foreclosure.
The attorneys at Lusk, Drasites, Tolisano & Smith, P.A. are experts in real estate litigation. Call us today, and set up an appointment to speak with one of our attorneys.