One party can request a default motion if the other party has failed to file or serve any documents within the 20 days after the date the petition was serviced. A motion for default will allow you to have an earlier final hearing to help finish your case. If your HOA has filed for a default motion in a foreclosure case you need to retain an attorney immediately.
There are many factors that can go into a foreclosure case so there is not an “one-size-fits-all” way out of an issue like this. The best way to try and handle this situation is to speak to an attorney. They will be able to provide you with the knowledge and tools that you will need in order for you to try and save your home.
An attorney will hopefully be able to file something quickly to buy you a little more time; however, if the hearing is for a “default final judgment” then filing anything will not delay the matter because it would already be too late.
Bottom line: retain an attorney. They will be able to provide assistance, a better understanding, and a chance to help your situation.
Stephen K. Hachey, a Florida real estate attorney can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.