The Foreclosure Timeline

My case is set for trial. Can I still save my home?

Florida Foreclosure

In Florida foreclosure formally begins when a bank or mortgage company files a lawsuit and serves a complaint and summons on the borrower. Afterward, the homeowner borrower has 20 days to serve, or send, a written response to the complaint, otherwise everything the court treats the complaint as admitted. This is a critical time because defenses can be lost by failing to timely respond to the complaint.
Florida rules of procedure require the foreclosing plaintiff to move the case along and allows a period for exchange of documents, requests for certain information, all designed to allow each side to prove their respective positions. This is known as discovery. Afterward, the case may be set for final conclusion by the court using a summary process that can lead to entry of a judgment authorizing the sale of the home. Alternatively, the case may get set for trial.

At each stage of this process technicalities of procedure, court protocols and the pressure to close cases all work against a homeowner who fails to get proper legal advice and representation. Homeowners who are unrepresented almost always lose the home. While those who obtain counsel at least have a fighting chance to win the case. Although no guarantee can be given regarding the outcome of any specific case, our firm has won numerous cases for clients facing foreclosure. Sometimes a win can be a resolution favorable to the client to which the bank agrees.

It is important to know that once a foreclosure case reaches final judgment and the property is sold, except under rare circumstances there is very little that can be done on behalf of a homeowner that has lost. Our firm handles post-judgment motions and appeals, but it is extremely important to know that the time to fight the foreclosure is before the property gets set for sale.



How We Defend Foreclosure

QUESTIONS?



If your case is set for trial, you need help immediately. A special word to consumers and self-representation in foreclosure . . .

facethejudge
I know that there are many, many consumers across the state of Florida who have chosen (or out of necessity) decided to file their own pleadings and defend their own foreclosure case. No one has been a bigger supporter of this in the past than I, but I want consumers to know that the environment has changed so dramatically that consumers can no longer handle their cases on their own.

Are you really ready to face the judge?

The fact of the matter is that foreclosure has changed quite dramatically over the last several months and it’s quite dangerous for consumers to continue trying to defend their own cases. So if you were able to delay your case, if you were able to work some kind of short term modification out with your bank, good for you. But now is not the time to live in a false sense of security. Now is the time to hire an experienced foreclosure defense attorney to review your case, and either confirm that it is closed and the liability is passed, or begin the very hard work to defend a case that has been languishing without final resolution for some time.

Don’t be caught of guard and don’t be a victim of the complexities of a the legal system that you do not understand

If a foreclosure against you is set for trial or summary judgment, please call us at 727-954-8752. We can help. Or, click the button below to get started.

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