Gary H. Baker, P.A.

Attorney and Counselor at Law

Representing Consumer Debtors in Bankruptcy, Foreclosure and Collections
Named to the Top Lawyers of Tampa List - Tampa Bay Tribune 2015

Florida Foreclosure

Today’s economic realities have caused many Florida homeowners to fear losing their homes to foreclosure.  If a homeowner falls behind in making mortgage payments, lenders have the right to foreclose.  Lenders do not have to work with you and they do not have to notify you in advance of the foreclosure filing.


Effective July 1, 2013

                The Florida mortgage foreclosure laws have been amended effective July 1, 2013.  There are several important changes which will affect homeowners who are currently in foreclosure proceedings and homeowners who may be subject to foreclosure proceedings in the future.

                The primary objective of the amendments is to expedite the foreclosure process.  In that regard, the new law provides that the lender (or any other lienholder, such as a homeowner association) may request the Court to issue an “order to show cause” for the entry of final judgment.  The net result is that the foreclosure case may be pushed to the summary judgment stage very quickly.  Consequently, it is more important than ever that homeowners seek advice of counsel to identify any issues of material fact and to assert any legal defenses the homeowners may have.  Failure to do so properly may result in an expedited final order of foreclosure and a prompt foreclosure sale.  

                The only small bit of good news provided to the homeowners in the new amendments is that for all new foreclosure actions filed after July 1, 2013, the statute of limitations for lenders pursuing a deficiency judgment has been reduced to one year from five years.

Gary H. Baker, P.A. can help you understand your options.

Foreclosure Defenses may be available in your case - BUT you will need to act quickly.
Once you are served with foreclosure papers you will only have a limited time to respond.
Be prepared.  Call Today (727) 793-0066

Mr. Baker is well versed in Florida foreclosure law and is even a certified foreclosure mediator.

If you have not been served with foreclosure papers:

We encourage you to come in for a consultation now (even before you are served with papers).

Many homeowners in the Tampa Bay area are upside down on their homes, facing large mortgage payments, and in many cases have income that has been reduced in the recent economic downturn.  Because of this, more and more homeowners are feeling that they are so upside down that they will never be able to dig their way out.  They fear that it could take years before they are able to start building equity in a home again, and they are frustrated with the reality that most bank's mortgage modification offers don't help them address the negative equity issue.  In addition, many people are not yet in foreclosure, but they have used every resource and asset they had to make their monthly mortgage payments and they realize that they just can't do it anymore.

Whether you are considering a Strategic Default, or you just see that in the near future that you won't be able to make your mortgage payments, it makes sense to speak with a lawer now.

Know what to expect, and what to do when the foreclosure is filed.  Call Today (727) 793-0066.

If you have been served with foreclosure papers:
        You have only 20 days to respond.
        Consult with an attorney NOW.

Call (727) 793-0066 or
e-mail us Today.


Mr. Baker is knowledgeable in many areas of the law affecting consumer debtors.  Gary H. Baker, P.A. represents consumers in Foreclosure defense, and Bankruptcy  Mr. Baker also handles chapter 7 bankruptcy and chapter 13 bankruptcy.  With over 35 years of experience, Mr. Baker can review your situation and help with your options.

More and more, we are seeing clients who don't want to stay in their homes or can not afford to stay in their homes.  Many of these families need help with their options, and need to understand the legal ramifications and liabilities of their choices.  Gary H. Baker, P.A. can help with these answers and many more.

If you are having trouble paying your mortgage (even if you have not yet been served with foreclosure papers) please call us to schedule a consultation.  You do have options and it's important to understand them.  At Gary H. Baker, P.A. we take a very personal approach to our client's problems.  We will take the time to listen and to provide you with the information you need to make informed decisions. 

To schedule your free consultation call (727) 793-0066 or e-mail us now

For more information on these topics please continue reading below.

·        Foreclosure
·        Strategic Default
·        Short Sales
·        Deed in Lieu of Foreclosure
·        Deficiency Judgment

For more information on these topics please click the link to be taken to the proper page.

·        Mortgage Modification
·        Chapter 7 Bankruptcy
·        Chapter 13 Bankruptcy
·        Deficiency Lawsuit (see Collection Lawsuits)



Ø     Even if you haven't been served yet, NOW is the time to come up with a plan.

     Don't live in fear of the foreclosure, but do get the information you need.

Ø     If you are one of the many homeowners considering Strategic Default, talk to an attorney first.

             To schedule your free appointment call (727) 793-0066 or e-mail us now. 

  The Florida Foreclosure Process


  • A borrower defaults on their mortgage
  • The lender files a foreclosure law suit
  • The lender notifies you of the law suit (usually through a process server)
  • You have a limited amount of time (usually only 20 days) to respond
  • If you don't respond the Lender will obtain a Default Judgment
  • The Lender can then obtain a Summary Judgment of Foreclosure
  • And can then schedule your home to be sold at a Foreclosure sale

    The earlier you consult with an attorney in this process the more options & defenses you may have. 

    Short Sale


A short sale occurs when real estate is sold for an amount less than the outstanding balance on the mortgage.  Both the borrower and the lender must agree to the short sale process and the lender has the final authority to accept or reject an amount offered for the property.


A short sale does not necessarily mean you are “off the hook” as far as your debt to the lender.  You may still owe the bank a deficiency amount and the lender can pursue this deficiency in a number of ways.

You need to know the consequences of a short sale.  Consult with a qualified attorney who has experience with short sales and who can provide you with information on all of the possible remedies.

             Deed in Lieu of Foreclosure


A deed in lieu of foreclosure is a legal agreement whereby a borrower voluntarily turns the mortgaged property over to the lender.   Both parties must agree to the terms. 

Not all lenders will agree to a deed in lieu of foreclosure and the terms of these agreements vary.  Hiring a qualified attorney to represent you in this process can help ensure that all of the details are handled a
nd help avoid unforeseen consequences.

    Deficiency Judgment


When the sale of a property does not provide satisfaction of the mortgage indebtedness, the lender may be able to obtain a deficiency judgment against the former borrower.  This holds the former mortgagor responsible for the balance of the uncollected mortgage debt.

Deficiency judgments can be the result of a foreclosure sale, short sale or even a deed in lieu agreement.  Before you decide what to do with your "under water" or "upside down" property consult with an attorney.  For some consumers, bankruptcy can provide protection from a deficiency judgment.  However, you need to plan ahead and protect yourself.


Not sure where you are headed?  Consult with an attorney who specializes in consumer debts and explore all of your options.  Many of our clients are surprised to know that they even have options.  At Gary H. Baker, P.A. we understand that debt problems (especially those involving your home) are stressful, and we don't think anyone should live in fear because of their credit problems.  We also believe, that the most important service that we can provide to our clients is information.  Call us to schedule a free consultation.

Mr. Baker can also offer representation in these other commercial and residential real estate areas:

·        Real Estate Disputes

·        Sale, Purchase, or Lease of Property

·        Title Insurance  

Call or e-mail us today for a free consultation.   (727) 793-0066 


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Gary H. Baker, P.A.
Attorney and Counselor at Law
2470 Sunset Point Road
Clearwater, Florida 33765

Call us today to schedule your free attorney consultation.
(727) 793-0066
or send us an e-mail:

Clearwater Office                                               New Port Richey Office            
2470 Sunset Point Road                                                7218 Congress Street                  
Clearwater, Florida 33765                                              New Port Richey, Florida 34653           
(727)  793-0066                                                             (727) 376-3180                                    
Pinellas County                                                              Pasco County                                        

We are a Bankruptcy Attorney who files Bankruptcies in the Middle District of Florida Bankruptcy Court. From our offices in Clearwater (Headquarters) and New Port Richey Florida we serve clients throughout the Tampa Bay area including:

Pinellas County - Clearwater, St. Petersburg, Largo, Pinellas Park, Seminole, Safety Harbor, Dunedin, Palm Harbor, Tarpon Springs; Pasco County - New Port Richey, Trinity, Port Richey, Holiday, Hudson, Zephyrhills, Dade City; Hernando County - Spring Hill, Brooksville, Weeki Wachee; Hillsborough County - Tampa, South Tampa, Carrollwood, Odessa, Lutz, Land O Lakes, Plant City, Riverview; as well as clients in Polk and Manatee counties.

We are a debt relief agency. We help people file for bankruptcy
under the United States Bankruptcy Code.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.