Home » Can You Defend Against Foreclosure In Florida?
What Is The Foreclosure Process In Florida? How Long Do I Have To Respond To A Foreclosure Summons?
If you are served with a summons, you have 20 days to respond to the Complaint. If you fail to respond in the time line the Plaintiff (generally the bank suing you) can move for what is called a default. That means, that you failed to respond to the Complaint timely and that you have now have admitted to all the allegations against you. A default, also prevents you from participating in the case and actively defending yourself against the foreclosure. So, time is very much of the essence when responding to a foreclosure action. Waiting only makes things worse – contact the Dubyak Law Firm, P.A. today for a free consultation.
Once A Lender Begins Foreclosure Proceedings, Does A Homeowner Have Any Chance Of Saving The Property?
Yes, absolutely. The homeowner can save their property through either proving that the Plaintiff, normally the bank, can not prove their case of foreclosure. The other methods of saving the home could be selling it on the open market to maximize your profits (if your property has equity), reinstatement of the loan (paying the amounts currently owed), loan modification – either through your current lender or another lender. And, paying off the existing loan.
At Dubyak Law Firm, P.A., we have contacts with great realtors to effectively market your home and different types of home buyers, including cash buyers. We also, work with many mortgage brokers and bankers that may be able to help you get access to the money you need to get out of foreclosure. There are certainly opportunities to save your home or to cash out the equity in your home during the foreclosure process.
Can Your Firm Help Homeowners Facing Foreclosure Who Are Unsure Whether They Want To Save Or Sell Their Property?
Trying to decide what to do about your home in a foreclosure situation can be overwhelming. It is perfectly normal for homeowners to feel uncertain about what to do. Fortunately, our firm can help you understand your options and come to the best decision for you and your family.
Determining what you should do with your home depends on several factors. Mostly, it revolves around what action you would like to take and what you can do based on your circumstances.
Even if you have fallen behind on your loan, if you have income and the ability to get current on your loan, there are ways to fix the situation. For example, there are repayment plans to get you caught up on payments so you can stay in your home.
If you have you don’t have enough money to make payments, your best option may be to sale the property if there is equity or try to delay the foreclosure as long as possible. You may be able to stay in your home for less than you could rent.
For instance, if you would pay $500 a month in attorney’s fees or $1,500 a month in rental fees, that equals a net savings of $1,000 for each month you stay in your home.
If you have equity in your home and you do not have the ability to pay, we will need to slow down the foreclosure process. This will allow you time to properly market your home, get it sold, and cash out on your equity.
When Should You Hire A Foreclosure Defense Attorney?
Before you get served with any kind of foreclosure summons, by law the lender must send you a pre-foreclosure letter. A pre-foreclosure letter states that you are behind on your payments. If you do not make your payments within 30 days, the lender will initiate foreclosure proceedings.
Ideally, by the time you get the first letter, you should be contacting the Dubyak Law Firm, P.A. The longer you wait to contact a lawyer, the more difficult it becomes. Waiting only makes things harder. Call me for a free consultation.
If you get served with a summons, you should contact a foreclosure defense attorney as soon as possible. This is imperative because, after 20 days, the lender could default you, which makes it more complicated to defend your foreclosure case.
In a foreclosure case, time is of the essence. If you do not take action quickly, you could lose your home within 90 days of receiving the foreclosure summons.
However, before you are served a summons, you must be behind by at least four payments. This initiates the lender starting the legal foreclosure process. Because of this, you generally have at least four months’ notice before you receive a summons.
The sooner you reach out to a foreclosure attorney, the better. If you are facing foreclosure, contact the Dubyak Law Firm, P.A. so we can help.
With the guidance of a skilled attorney for Foreclosure Cases, you can have the peace of mind that comes with knowing you have a skilled attorney on your side. For more information on Foreclosure Lawin Florida, an initial consultation is your next best step.