Served with a Foreclosure Lawsuit

You may be able to save your home from foreclosure.  Although you may not be aware of your Defenses, and you may be intimidated by a lawsuit, there are significant defenses to Florida foreclosure actions.  Depending on your case, these could include: 

All Florida lawsuits begin with the same set of documents, the lawsuit (referred to as the “Complaint”) and a Summons.  The Summons will set forth your obligation to respond to the lawsuit and provides you with the Plaintiff’s attorney information to provide a response.  So what should you do after receiving the initial service of process? Respond!  

The number one mistake that homeowners make in foreclosure litigation is failing to appear and defend the foreclosure lawsuit prior to a default judgment being entered.  In Florida, you will have as little as 20 days to respond to the foreclosure lawsuit. The failure to provide any meaningful response means that the allegations contained in the lawsuit will be taken as true.  This is known as a default judgment.  If your lender obtains a default judgment your case may be on a fast track to the foreclosure sale.

On the other hand, cases that are defended are treated differently by your lender’s attorneys. Especially cases that are defended by an attorney. Even if you think you can’t afford an attorney, if you have been served with foreclosure you should absolutely consult with an attorney.  The right defense can substantially delay the foreclosure process and in some circumstances even prevent the foreclosure of your home.