Melbourne Foreclosure Defense Attorney
Protecting Your Home Under Florida Law
If you've received a notice of default, a summons and complaint, or a scheduled sale date, you may still have options. Florida is a judicial foreclosure state, which means your lender cannot take your home without first suing you in court.
Although foreclosure follows a court process with deadlines and potential legal defense, the outcome depends on the facts of your case. A lawsuit may sound intimidating, but acting quickly to secure legal representation gives you the opportunity to evaluate available options and take action.
represents Brevard County homeowners at every stage of the process.
To schedule a free initial consultation with our Melbourne foreclosure defense attorney, call (321) 461-5482 or complete our online contact form to make a phone, in-person, or virtual appointment.
Understanding the Florida Foreclosure Timeline
Because Florida requires judicial foreclosure, your lender must file a complaint in the circuit court where your property is located and formally serve you with a summons. Once served, you generally have 20 days to file a response with the court.
- If you don't respond, the lender may seek a default and then ask the court to enter a final judgment of foreclosure before a judicial sale can be scheduled.
- If you do respond, the case moves into litigation, where both sides exchange information and the lender has to prove its right to foreclose.
If the lender obtains a final judgment, Florida law requires the sale to take place between 20 and 35 days later, under Fla. Stat. § 45.031. You retain the right to redeem the property by paying the amounts required under the judgment until the later of the time specified in the foreclosure judgment or the filing of the certificate of sale.
The Right Lawyer Can Make All the Difference
At Mann Law, You're Always the Priority
At Mann Law, we're more than just a law firm—we’re your advocate, your guide, and your trusted partner through some of life’s toughest moments. With insider experience, local roots, and a personal approach, we’re here to fight smart and treat you right.
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We Know the Opposition
Before founding Mann Law, David Mann defended insurance companies—so he doesn’t have to guess what they’re thinking. He uses that insight to build stronger, smarter cases for you.
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Recognized for Excellence
Named a New York Times Power Lawyer and honored in 40 Under 40, David Mann brings award-winning advocacy and leadership to every case he takes.
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Client-First Approach
You'll work directly with your attorney—not handed off to a staffer. David is committed to giving every client the attention, communication, and respect they deserve.
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Local Roots, Real Results
As a lifelong resident of Brevard County, David understands the needs of his community. He’s earned a reputation for caring service and powerful results throughout Florida.
What We Look for in Your Case
Every foreclosure case rests on the lender proving certain facts and following certain procedures. When they don't, that failure can become your defense.
We’ll review your loan file, the complaint, and the lender's supporting documentation for issues such as:
- Standing. The lender has to prove it owns, and has the right to enforce, your note and mortgage, which isn't always as simple as it sounds after a loan has been sold or transferred between servicers.
- Notice defects. Many residential mortgages require the lender to send a contractual notice of default before accelerating the loan. In some situations, federal mortgage servicing regulations may also apply. Failure to comply with applicable notice requirements may provide a defense.
- Documentation errors. Problems involving endorsements, assignments, payment histories, or loan records may affect whether the lender can establish standing or prove the amount owed.
- Statute of limitations. Florida generally applies a five-year statute of limitations to mortgage foreclosure actions. However, determining whether a claim is time-barred can be complex because later payment defaults may create new foreclosure rights under Florida law. An attorney can evaluate whether this defense may apply in your case.
- Service-member protections. Active-duty service members receive important protections under the Servicemembers Civil Relief Act (SCRA), including restrictions on certain foreclosure actions and default judgments. We’ll evaluate whether those protections apply.
Options Beyond the Courtroom
Fighting the lawsuit is one path, but it isn't the only one. Depending on your circumstances, we may opt to pursue an alternative like:
- Loan modification. Many servicers will modify loan terms, interest rates, or payment schedules for borrowers experiencing hardship. We can help you through the application and negotiate on your behalf.
- Reinstatement. Many mortgages allow you to cure the default and reinstate the loan by paying the past-due amount, even after a foreclosure case has started. Your loan documents determine whether this right exists and its deadline.
- Short sale or deed in lieu of foreclosure. Depending on your circumstances, a short sale or deed in lieu may allow you to avoid completing the foreclosure process, although each option can still affect your credit and future borrowing.
- Chapter 13 bankruptcy. If you're behind on your mortgage and want to keep your home, Chapter 13 allows you to catch up on arrears through a three-to-five-year repayment plan. Filing a Chapter 13 bankruptcy generally triggers an automatic stay under 11 U.S.C. §362 that immediately pauses most foreclosure proceedings, including a scheduled foreclosure sale. However, in some situations, the lender may ask the bankruptcy court to lift the stay.
Connect with us online or by dialing (321) 461-5482 for a free case review with our Melbourne foreclosure defense lawyer. The sooner we're involved, the more options you have.
What You Need to Know About Working with Mann Law
As a single-attorney firm, we can guarantee you’ll work directly with Attorney David Mann throughout your case. When your case is in court, he's the one standing in front of the judge, not a paralegal or associate you've never met.
David has represented Brevard County residents in bankruptcy and debt-related matters throughout his career and appears regularly in the U.S. Bankruptcy Court for the Middle District of Florida and the Circuit Courts of the 18th Judicial Circuit, which includes Brevard County foreclosure cases.
Falling behind on your mortgage isn't a moral failing, and you don't need to explain how you got here. What matters is what happens next, and there is almost always more time and more options than people realize when they first call us.
