STAGE 2: SERVED WITH A FORECLOSURE LAWSUIT

Your Lender has an Attorney, You Should Too.

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: 

  • Lack of Standing
  • Violations of the Real Estate Settlement Procedures Act (RESPA)
  • Mortgage Servicing Rescission
  • The Right of Rescission
  • Illegal Yield Spread Premiums
  • Violations of the Fair Debt Collection Practices Act (FDCPA)

The cost of our foreclosure defense is designed to be affordable for homeowners.  By having our firm appear on your behalf we may be able to save your home or obtain a favorable solution with your lender regarding your debt.  

If you Have Been Served with Florida Foreclosure Lawsuit

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. 

Do Not Delay, Call Us Today

According to Florida Law you must respond within 20 days to a pending lawsuit. It is important that you call Zoecklein Law P.A. as soon as possible after being served.