Be Prepared
Now you are in foreclosure; it is part of the public records. Thus, every scam artist in the world is going to be sending you information on how they can immediately, with little or no cost, work with your lender to fix everything. Do not fall for this. At this point you are on the clock!
Read The Summons
The summons will generally says you only have 20 days to respond to the complaint. If you fail to do anything the foreclosure attorney representing your mortgage holder will file a motion for a default after 20 days.
What Does "Default" Mean?
A default prevents you from hiring a Florida Foreclosure Defense attorney who may be able to raise defenses that are available to you. This is very dangerous. Once a default is entered, your rights are terminated unless you can prove "excusable neglect" coupled with a "meritorious defense". In simple terms what this means that it is extremely difficult to set aside a default.
20 Day Period
If the 20 day period is almost up and you have not seen a Florida foreclosure defense attorney, you should promptly present a correspondence to the court clerk. It should reference the case information on the summons, and ask for more time to hire an attorney. Additionally you must mail a copy to the mortgage holder's lawyer. By filing (mailing it to the court) this letter they cannot get a default against you without a court hearing. You must receive additional notice of such hearing.
In the majority of cases a foreclosure defense will not avoid you liability to repay the note. However by asserting your rights and forcing your lender to prove their case, generally results in property owners staying in their homes for an extended period of time.
If you have been served with a foreclosure, IMMEDIATELY Contact William T. Shaffer Law Group, P.A. for a free consultation with no obligation. Or if you prefer please complete the following Bankruptcy Intake Form and an attorney will contact you.
