The Foreclosure Timeline

I was just served with foreclosure papers. Now what?

Florida Foreclosure Process

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 you have just been served with foreclosure or you know it’s coming soon, the most important thing you need to understand is it’s time for you to hire an attorney. IMMEDIATELY!

It’s not just enough for you to hire any attorney, you need to hire an attorney that lives and fights in the community in which your foreclosure is filed. Unfortunately there are far too many con artists out there who prey on consumers in foreclosure and quite frankly, there are too many attorneys that are not prepared to properly fight for your family in your foreclosure case.

Mailbox Noise
The disturbing reality is that soon after a foreclosure case is filed, a consumer’s mailbox is stuffed with hundreds of solicitations and offers…many of them quite official looking that promise all kinds of results. But make no mistake, in foreclosure there are rarely easy solutions and they’re certainly not going to be delivered in your mailbox.

WHY YOU NEED AN ATTORNEY

A foreclosure case is a complex legal matter that requires the guidance and expertise of an attorney who is licensed to practice in the state in which your foreclosure case is filed. For best results your foreclosure defense attorney should practice regularly before the judges that will hear your case and which live and work in your community. At Weidner Law, we limit our practice to defending cases which are filed in the communities that we live and work in….and that’s what you should expect from the attorney you hire.

Hiring an attorney is a very important matter; it’s an awesome responsibility that the attorneys and staff of Weidner Law take very seriously. When you hire our firm, you’re placing your future, and the future of your family in our hands. We understand this and we work tirelessly to meet your needs and fulfill your expectations. When you hire our firm, you will receive prompt personal attention and guidance and consultation provided by licensed attorneys. The personal and attorney-centered approach to each of our clients is one of the many secrets of our success.

I hope that I have made this quite clear. When you’re served with foreclosure, you need to hire a locally-based foreclosure defense attorney. Do not sign any documents, do no provide any of your family’s personal information to anyone over the phone. Before you hire anyone to help fight your foreclosure, speak with an attorney that will be handling your case.

Caution

Finally, a special word of caution to address realtors and investors who will approach you after your foreclosure case is filed. Immediately after a foreclosure case is filed, most consumers will be approached both by properly licensed and local realtors and by investors and individuals who will offer “help” to the consumer in the form of listing the home for sale or in some kind of outright purchase. A legitimate realtor who truly has the best interests of the consumer in mind will absolutely require that the consumer hire a local attorney to represent the client in the pending foreclosure case. And beware of the realtor that suggests generally that, “we work with good attorneys”. No. If the consumer does not physically go and meet with the attorney who will be representing that consumer, the attorney does not represent the interests of that consumer. Far too often the, “we work with attorneys” model means the attorneys are merely working to execute a quickie short sale….an avenue that may not be in the consumer’s best interests. At Weidner Law, we work with realtors, but they understand explicitly that if a short sale is not in the best interests of our clients, there will be no short sale. There is no question where our loyalty and professional responsibilities lies…it’s with our client alone.

If you have just been served with foreclosure papers please call us at 727-954-8752. We can help. Or, click below to get started.

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