Borrower in default? FORS represents private lenders, hard-money lenders, funds and note holders throughout Florida in mortgage foreclosure, promissory note enforcement, guaranty claims and every related lender remedy. We represent lenders only. We do not represent borrowers or homeowners in foreclosure. A partner handles your case review and stays on the file, for efficient recovery of your loan. Miami-based, statewide, in English and Spanish. What we handle:

• Mortgage foreclosure, residential investment and commercial collateral
• Matured loans, balloon-payment defaults, and stalled bridge and fix-and-flip loans
• Promissory note and guaranty enforcement
• Receivership and assignment-of-rents enforcement on income property
• Deficiency judgments after sale
• Contested foreclosures, lender-liability and usury counterclaims
• Bankruptcy stay relief and plan objections when the borrower files
• Negotiated workouts, forbearance and deed-in-lieu where that is the faster recovery

Frequently asked questions

Do you represent borrowers?

FORS generally represents lenders only. If you are a borrower or homeowner facing foreclosure, it is not likely that we will be able to assist you.

Do you handle hard-money and fix-and-flip loan defaults?

Yes. We represent lenders on hard-money, bridge, and fix-and-flip loans, including matured short-term loans and stalled rehab projects. These loans often involve investor borrowers, personal guaranties, and commercial collateral, and we treat them as the business disputes they are.

How long does a foreclosure take in Florida?

An uncontested foreclosure in Miami-Dade commonly resolves relatively quickly from filing to sale, refinance, or payoff. A contested case, where the borrower raises defenses or counterclaims, can take longer. After reviewing the specifics of your case, we can usually provide an estimate of time, as well as identify ways to shorten the path, including appointing a receiver or assigning rents for an income property, and advancing a motion for summary judgment as soon as the rules permit.

Can I sue on the guaranty without foreclosing?

Often, yes. Florida law generally allows a lender to sue the borrower on the note and the guarantor on the guaranty without first foreclosing, unless the loan documents say otherwise. Suing on the guaranty can be faster than foreclosure and reaches the guarantor's other assets. We review your documents and recommend which remedy, or combination, fits the collateral and the borrower.

Can I collect a deficiency?

In many cases. If the foreclosure sale brings less than the amount owed, the lender can ask the court for a deficiency judgment against the borrower and any guarantor for the difference. Florida sets a short deadline for deficiency claims after the sale, so the request should be planned from the start of the case, not after it ends.

What do I need to send you for a case review?

The promissory note, the mortgage, any guaranty, any loan modifications or extensions, a payoff or itemization of what is owed, and copies of any default or acceleration notices you have sent. If you do not have everything, send what you have. We can gather the rest.