The Foreclosure Timeline

My case is still pending. What should I do?

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 you were served with a foreclosure case any time over the last several years, but you’re not absolutely certain that your case has been formally, finally and completely dismissed, you are in a very dangerous position.

Many of the very worst abuses in the foreclosure process are present in foreclosure cases that have been filed years ago. And many of those cases are still pending in courtrooms all across Florida. In fact, it was recently reported that there are nearly 350,000 foreclosure cases still pending in courtrooms all across the state, with many of those cases having been filed during the darkest period of our state’s court history, the foreclosure robo-signing and foreclosure rocket docket period. Many of these cases have been sitting dormant, with the banks not wanting to move them forward, but all of that is changing now, with both plaintiffs and in some cases our state’s own court system working against the consumer to resurrect those old cases and bring them forward before judges.

The problem is, as part of the mad rush to “CLEAR THE FORECLOSURE DOCKET”, many cases that should not move at all are moving forward and foreclosure summary judgments or foreclosure trials are being noticed for hearing with Final Judgments being entered in cases where the consumer though their case was dismissed or closed long ago.

You must understand that even if you have court papers that say quite clearly, “The Case Is Dismissed”, this does not mean that the case really is dismissed. Complicated isn’t it? Well, that’s legal jargon and the legal process for you. A case that is “dismissed” can be “un-dismissed” with a few simple filings by the bank attorneys and it can be set for a Final Judgment immediately thereafter. Quite simply, you cannot rely upon your own understanding of what’s occurring with your case….YOU MUST RELY ON THE DIRECT ADVICE OF AN EXPERIENCED FORECLOSURE DEFENSE ATTORNEY who can explain to you the exact steps in your foreclosure case or who can explain to you what happens in foreclosure.

It is quite unfortunate and deeply regrettable that consumers are going to lose their homes (homes that will likely be sold to investors for pennies on the dollar) because they thought their foreclosure case was dismissed when in fact all it took was the bank filing a few papers to get the foreclosure case started all over again.

You simply cannot wait until you receive papers indicating that your case is set for trial or that there is a hearing on your case to hire an experienced foreclosure defense attorney….you need to hire your foreclosure attorney now so that and get to work defending your foreclosure case.

If a foreclosure against you is pending, please call us at 727-954-8752. We can help. Or, click the button below to get started.

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