Foreclosure Defense FAQS
How long do i have to respond if i have been served with a foreclosure summons?
A lot of people think that they have been served with a foreclosure action, but they have not. Under the law in Florida, someone has to walk up to you and hand you the foreclosure complaint or summons and tell you that you have 20 days to respond. They can serve you, your spouse, or some other competent adult who lives in the home or on the property with you.
If you are properly served and don’t respond within 20 days, then the lender has the right to default you. When you are defaulted, all of the defenses that could have been available to you may no longer be available. Make sure that you respond. You can respond first by filing a motion for extension of time. That will buy you an additional 30 to 60 day to decide what you need to do.
Can i delay a foreclosure from going forward?
You can delay a foreclosure from going forward. A lot of people who have not made payments on a mortgage would like to reduce their mortgage payments through a loan modification. A loan modification is a way to re-negotiate and begin again your mortgage payments, at a lower level. Federal law states that if you apply for a loan modification at least 37 days prior to the lender filing the foreclosure, going to trial, or selling your home at a foreclosure auction, then they have to delay those three actions while considering your application.
How long does the typical foreclosure process take?
Without proper legal representation a typical foreclosure can take about 4-6 months.
Can i pay off the property before my house sells at auction?
Yes. As the homeowner, you may recover your property by redeeming it prior to auction, or immediately after the auction of your property, up until the time that the Certificate of Sale is issued or as stated in the Final Judgment. Please see Property Redemption section below. Once full payment of the bid amount has been timely received from the successful bidder, the sale is complete and the Certificate of Sale is issued to the new owner.