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Foreclosure Case Pending

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If  your foreclosure case is pending, this is the time in which you have the opportunity to discover what the lender has available to prove its case.  The failure to successfully manage your case or to obtain the right information from your lender (the Plaintiff) can substantially harm your case.  Make sure that you have a strategy and a clear goal for your foreclosure lawsuit.  If you are uncertain where your case is headed and would like a free case review, fill out the form below or give us a call for a free consultation. 

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Florida is a judicial foreclosure system. What the heck does that mean? It means that your lender must use Florida’s Rules of Civil Procedure to prove entitlement to foreclose upon your property.  Further, you are entitled to use those same rules to examine the relevant evidence that your lender has in its possession regarding its claim of a right to foreclose your property.

Foreclosure lawsuits, like almost every other civil lawsuit move in predictable stages.  First the Plaintiff files a Complaint (formal name for the lawsuit).  Thereafter, the Defendant is served and has the opportunity to file and answer to the lawsuit.  This is called the Answer.  Alternatively, the Defendant may file a Motion to Dismiss the lawsuit if the lawsuit was improperly filed.  A good foreclosure defense attorney knows how to review foreclosure lawsuits and knows when it is appropriate to file a Motion to Dismiss.  Not only does a Motion to Dismiss stop the time in which you need to respond to the lawsuit (until the Motion to Dismiss is heard by the Court at a hearing) but it also gives you the potential to have the lawsuit against you completely dismissed.

After the motion to dismiss or Answer, depending on which route was taken, your case will move into the “discovery phase.”  Discovery is a process by which each party, Plaintiff (lender) and Defendant (borrower) are able to obtain information from each other regarding the relevant facts and circumstances of the case.  Keep in mind that although your lawsuit is a very big deal to you, bank attorneys are often saddled with hundreds of foreclosure cases.  As a result, the requests for information through discovery from your lender may be minuscule compared with the bevy of information that is wise for you to seek.  The discovery typically consists of requests for documentation and answers to specific written questions that are relevant to your unique case.  

At the close of the discovery phase or sometimes beforehand, your lender may seek a Summary Judgment.  In basic terms the summary judgment is a request that the lender is entitled to a determination that foreclosure is appropriate as a matter of law because there are no facts and circumstances in dispute that could possibly prevent foreclosure.  If your facing a summary judgment hearing I suggest that you not do so alone. Many of the Defense arguments are sophisticated and difficult to understand for someone not familiar with the Florida foreclosure process.

If your lender has not moved for final summary judgment or if you have defeated the motion for final summary judgment, your case will be set for trial.