In judicial foreclosure states, such as Florida, the foreclosure process must go through the courts. Though it may seem counterintuitive, judicial proceedings can be beneficial for borrowers as the burden of proof falls to the lender and can often buy you some time. A foreclosure summons is your lender’s official initiation to foreclose on the property. Once you are served with a summons, you will need to file a response within 20 days.
Filing a response is your best bet to reach a resolution, even if your chances of winning the case and permanently remaining in the home are small. Filing a response generally gives you more time to prepare a defense, assess your options or even bring your loan current. Failing to file an answer to the summons, however, will cost your right to speak up at the foreclosure hearing and may even result in your lender winning the court’s approval to foreclose by default. The answer provides you with an opportunity to contest the foreclosure action and tell the courts your side of the story; maybe your lender violated fair lending procedures or did not give valid notice of default? There are many reasons why a judge may have a foreclosure suit thrown out. Once you’ve filed the answer, the court will set a hearing at which point you’ll be able to present your case.
If you are contesting the foreclosure against you, file your response immediately and consult with a lawyer. If you are attempting to permanently remain in your home, it is especially important to file an answer to the summons. Promptly filing a response and working with an experienced Attorney is the most effective way to avoid trial and bring your lender back to the negotiating table. An experienced foreclosure attorney can help you successfully navigate through the often chaotic foreclosure process and ensure that any and all worthwhile options are made available to you.
Stephen K. Hachey, a Florida real estate attorney can help your wade through this difficult 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.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.