Foreclosure Defense
Are you being foreclosed on? Let us represent you.
The law requires that a Defendant defend a complaint for foreclosure by “responding” within twenty (20) calendar days.
It is important to note that it is calendar days (not workdays). Many fail to respond under the presumption that the result is inevitable, or that a defense would be “too expensive”.
Another common mistake is to assume that telephonic communications with representatives of the opposing party are sufficient. It is not, as explained in your summons. Please read the summons served upon you.
The legal “response” to the court is technical in nature, generally called a pleading, and must be in writing.
We can help you through this process in an affordable way.
Call us today, so that we can review how our defense maybe your “cheapest” option available to you.
Foreclosure Defense Attorneys for the Entire State of Florida.
FAQs for Foreclosure Defense
Generally, prior to being served for the foreclosure action, a financial institution or lender will provide you with at least thirty (30) days (time to cure default) in the event that a resolution is not made within the said period in “curing” the default. The next step is the lender instituting foreclosure proceedings. Upon filing a foreclosure action in Court, the lender is required to “serve” a copy of the complaint with the summons upon each defendant, including the owner. The law generally allows for twenty (20) calendar days, or as stated in your summons, for the served defendant to file a responsive pleading.
In the event that a responsive pleading is not filed with the Court, the lender/plaintiff in a foreclosure action can seek a default final judgment by which a foreclosure sale will be set. A foreclosure sale is generally at least twenty (20) to thirty (30) days subsequent to the entry of the final judgment.
By filing a responsive pleading, you will allow yourself additional time in order to attempt to defend yourself and find a solution.
We recommend that every defendant in a foreclosure action defend themselves and/or have the matter reviewed by an attorney or other professional in order to ensure that all possible defenses are used on your behalf. There are many issues which may be brought up by the allegations of the lender’s complaint which may allow for defenses which could be used to protect your rights and buy you additional time.
There are many possible solutions in a case where the market value may be less than the amount owed under your note and mortgage. Many times the banker financial institution will accept a deed in lieu of foreclosure in order to resolve the matter. Basically, this is an agreement whereby the owner will agree to transfer the deed to the lender in exchange for a final resolution in satisfaction of the mortgage debt.
Short sales have become more common in recent years. Basically a short sale is again an agreement whereby the bank will agree to accept less than the full payoff from a proposed closing, in order to limit their losses and avoid delays which could be presented in the litigation process.
So long as you are being properly defended, time is on your side.
Until the property goes to a foreclosure sale and is purchased by the “highest bidder” (at the end of the foreclosure process), the property is still legally titled in your name and as such, could be sold, be re-financed, etc
