Litigation and Foreclosure Defense & Prevention

Civil Litigation

It is not uncommon for individuals or businesses to find themselves involved in a legal dispute with another party. Disputes of this nature, such as a breach of contract, typically fall under what is known as civil litigation which entails the use of courts or arbitrators for adjudication.

For plaintiffs involved in a civil litigation matter, the objective is to right a wrong, honor an agreement, or to obtain compensation for an injury.  On the other hand, defendants in a civil litigation matter want to aggressively protect their rights in opposing the plaintiff’s claim.

Whether you are a plaintiff or defendant, hiring a qualified civil litigation attorney is crucial in achieving a successful outcome in your case. Our areas of litigation focus include:

  • Foreclosure Defense
  • Business related litigation
  • Administrative Law
  • Injunctions
  • Real estate and construction litigation

We work closely with clients to evaluate their potential claims or defenses related to the commercial, professional, employment, and personal dispute that is the subject of litigation.   We represent clients before administrative agencies, alternative dispute resolution proceedings such as mediation or arbitration, jury or court trials in state and federal court. We help clients prepare their cases and counsel them on steps and procedures involved.  A skilled civil litigation attorney can help clients leverage their negotiating position to reach a beneficial settlement which may be the most appropriate and economical manner of handing certain cases.  However, when a dispute cannot be resolved satisfactorily, taking a case to court may be the best or only option.

When required, we will engage and work closely with experts including investigators, accountants, economic impact analysts, and other relevant professionals. 

If your legal dispute has risen to the level of civil litigation, our attorneys are ready to help.

Foreclosure Prevention, Defense and Loss Mitigation


Foreclosure Prevention

Ideally, a client will contact the firm before a foreclosure action is filed, as soon as it becomes apparent that the current situation is no longer sustainable. Our firm has extensive experience in dealing with clients who are having difficulty in managing their mortgage payments. We use a holistic approach to the resolution of these problems working on multiple, parallel tracks at once. We first work with the client to evaluate the route forward that best suits the client's needs, desires and ability to pay. A plan is then developed to attempt to maximize the fulfillment of these various goals. The elements of the plan include an evaluation of the various options and a defense of any foreclosure action that may be brought by the lender. 

Loss Mitigation and Foreclosure Prevention

The various types of foreclosure prevention are evaluated with the client to determine what best fits their situation. The possible alternatives are a mortgage modification, short sale or deed in lieu of foreclosure.

A loan modification is where the lender agrees to reduce the payments on a loan due to the hardships suffered by the homeowner. The process of obtaining a mortgage modification can be very frustrating for an individual trying to do it on their own. Our team assists the homeowner in compiling the necessary documentation and properly submitting it to the lender, often working in coordination with a local, non-profit, HUD counselor which does not charge the homeowner for its services. 

In a short sale, the lender agrees to take less than the amount due on the loan from the sale of the property. This usually also results in an elimination of any further debt due. Short sales are very complex and requite significant expertise to be able to complete successfully. Our firm has completed numerous short sales. 

With a deed in lieu of foreclosure, the lender agrees to take a deed to the property in exchange for forgiving the debt. This is not a very common occurrence, but is one which is evaluated for use where appropriate. 

Foreclosure Defense

Our firm has extensive experience in foreclosure defense having defended well over one hundred cases. This expertise allows us to obtain the best results possible for our client. Proper defense of a foreclosure action can result in the homeowner being able to either obtain a modification to retain their home, or if a modification is not possible or reasonable, to depart with dignity and minimal financial damage. 

Recommended Links

What is a Short Sale? - If you have questions contact us for an initial consultation. 

What is a Deed in Lieu of Foreclosure? - If you have questions contact us for an initial consultation. 

What is a Loan Modification? - If you have questions contact us for an initial consultation. 

Fair Debt Collection Practices Act

Housing Development Corporation (HELP) – This is the HUD-approved, non-profit counseling agency for Collier County providing no-charge assistance with foreclosure prevention, credit counseling and homebuyer education. Depending on your situation, they may recommend legal assistance.  If you have questions contact us for an initial consultation. 

Consultation Request

Patrick Neale & Associates serves clients throughout Southwest Florida and has office locations in Naples and Marco Island.

Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

© 2019 Patrick Neale & Associates | Disclaimer
5470 Bryson Court, Suite 103, Naples, FL 34109
| Phone: 239-642-1485
(By appointment) 950 North Collier Blvd., 4th Floor, Marco Island, FL 34145
| Phone: 239-642-1485
Mailing Address: P. O. Box 9440, Naples, FL 34101-9440
| Phone: 239-642-1485

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© 2015 Patrick Neale & Associates | Disclaimer
5470 Bryson Court, Suite 103, Naples, FL 34109
950 North Collier Blvd., 4th Floor, Marco Island, FL 34145 (hours by appointment)
Mailing Address: P. O. Box 9440, Naples, FL 34101
Phone: 239-642-1485 | Fax: 239-642-1487
Practice Areas | About Us | Important Links & Forms | Blog | Consultation Request | Contact Us

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