If you are facing foreclosure in Florida, then you have to act fast. Luckily, you can fight foreclosure in Florida unlike some other areas. However, you have to know how to fight it in order to actually win the case. In Florida, a foreclosure must be filed against the homeowner. If you want to fight a foreclosure, you must do so in writing within 20 days of being served the papers. You have been served papers when a law officer, usually a sheriff, or a private process servers hand delivers the papers to you or an individual who is legally able to accept them for you. A person meets this qualification if they are over the age of 18 and reside in the property. A minor or a friend visiting the home cannot legally accept the foreclosure papers for you.
If you, as the homeowner of the property with the foreclosure action suit, fail to make an answer to the court within the 20 days allotted, you will have a default judgment against you which means that you have automatically lost the case. Even if the claim is false, it is accepted and it is effectively the end of the lawsuit. If the claims are false and you want to fight the foreclosure, you must respond to the courts as soon as possible. However, it can be difficult to know the right way to respond if you have never dealt with this kind of case before. There are some answers to the action suit that are not valid responses, and therefore, a waste of your time as well as the courts time. In Florida, you can fight foreclosure without an attorney, but unless you know how to, you are likely to lose in court.
Some people choose to answer the lawsuit as a way to delay the foreclosure date. If you know you have not paid your mortgage, there is no validity to fighting it in court. However, you can answer the claim with a guilty plea and ask the court for extra time but this is not guaranteed. If you have been served foreclosure papers but have not missed any payments, it is important that you fight the case in order to keep your home. Mistakes can be made so it is best to fight them to the best of your ability.
There is right and a wrong way to answer a lawsuit in court when it comes to foreclosure. With the help of a qualified attorney, you stand a strong chance of winning your case. It begins with the answer to the court but it does not stop there. This is only the beginning. Mortgage laws in Florida can become confusing if you are not familiar with them and an experienced attorney will know the best course of action depending on the case. It is possible to fight foreclosure in Florida without training, but not many people succeed. If you want to have the best chance possible to keep your home in a foreclosure suit, you should contact an attorney prior to doing anything, including answering the court.
If you have any questions about how to fight foreclosure in Florida or if you would like to speak to us about your options, please contact North Tampa Law Group at (813) 518-7411 or complete a free online case evaluation. We represent clients during stressful and difficult times in their lives. We are empathetic, responsive, and push for a quick resolution. We look forward to helping you resolve your issue quickly, fairly, and in a way that will help you to return to the stable, predictable life that you deserve.