Properly defending a foreclosure action is important.  Many people served with foreclosure complaints answer the complaint very poorly or not at all.  The reason is all too often that the homeowner discounted the importance of responding or didn't think an attorney would be affordable.  These are mistakes on the part of the homeowner.

 

To start, I can't emphasize the importance of properly responding to the complaint.  Here's why.  Lender's may have a right to take possession of a property through the foreclosure process, but the lender must follow the proper procedure.  Procedure is established to protect our the property rights of homeowners and to ensure the lender's don't overstep their rights.  Although the lenders and their attorneys have dealt with a high volume of these cases for years now, they still make mistakes in enforcing foreclosure actions.  

In defending foreclosure actions, the proper first step is to evaluate the lender's actions through the filing of the complaint.  If the lender has skipped required steps or improperly characterized the facts, it is critical that such conduct be addressed at the outset.  Oftentimes there are valid grounds to motion a dismissal of the action.  The lender will, of course, amend their complaint if require, but the point is that the lender will be held accountable to proceed through the litigation in accordance with the law.

There may also be facts surrounding the homeowner's relationship with the lender and the transaction itself that requires the assertion of affirmative defenses.  Such defenses should be asserted at the outset of the case to put the lender's counsel on reasonable notice of their existence.

Because motions to dismiss and the assertion of affirmative defenses are events which properly occur at the outset of the litigation, it's not wise to attempt to respond to the case on your own or ignore the matter entirely.  As to the reasoning that an attorney would be too expensive?  Don't just act on assumption, look into it.  Considering that a proper foreclosure defense typically extends the time you are in the home without making a mortgage payment for many months, consider investing in your defense.

Many Floridans being foreclosed upon are dealing with their first litigation experience. If you are the defendant in a foreclosure action, you may have valid defenses of which you are unaware. There is, however, a limited time in which to act.  If you have been served with a foreclosure complaint, you will see on the summons that you have only twenty days to file an answer. Failure to do so will result in the lender pursuing, and likely obtaining, a default judgment. You have options as the defendant in a foreclosure action, but is important you act quickly after being served. 

A discussion with an experienced attorney may be invaluable in this instance.  Your situation may merit a valid defense, including procedural mistakes made by the lender's counsel.  This is a rapidly changing area of law and different counties have different local procedure to which the lender's must comply.

 

To schedule a consultation with our office, call (561)472-0919 or click here to fill out a contact form and we'll follow up with you.  If you want to learn more about our firm first, check out our website:  www.turcolegal.com