Florida real estate foreclosure rates increased by 71% in 2021. This number is just a statistic until it happens to you. Part of foreclosure stress is the stress of not knowing what to expect.
Receiving a foreclosure complaint starts a process you have never been through before. Now you have to figure out how to handle a foreclosure complaint. Thankfully, there are resources available to you that can provide answers and relieve your stress.
The first step is learning what a foreclosure complaint is and what you should do when you receive one.
What Is a Foreclosure Complaint?
The foreclosure process in Florida does not happen overnight. First, the borrower begins missing payments. Then, during the 120 days following, the debtor and mortgage company must work together to find an agreeable solution. This could be a loan modification, short sale, or some other agreement. The foreclosure process could stop if the parties agree to a solution.
However, if the borrower continues to be delinquent, then the lender may move forward with the foreclosure. The debtor will receive a notification that the lender filed a civil complaint against them. This filing officially declares the borrower in default of their loan. The summons and complaint get publicly recorded with a lis pendens, beginning the foreclosure litigation procession.
How to Handle a Foreclosure Complaint
Once the foreclosure complaint gets recorded, the borrower needs to act quickly. This complaint signals the commencing of the judicial process, so ignoring any further communications could result in an unfavorable outcome.
Time to Respond
Once the foreclosure complaint gets filed, the debtor, now the defendant, has 20 days to respond. The response must be filed with the clerk of court. This is the borrower’s opportunity to bring forward any defenses for not paying. Because this first filing is what the borrower bases their defense on, an experienced foreclosure attorney will have a better ability to formulate an effective response.
Speak With a Foreclosure Defense Attorney
If you have not already done so, consider speaking with a foreclosure defense attorney. The lawyer will explain your options and possible outcomes. They can represent you and advocate on your behalf when dealing with the mortgage company. Because there are specific deadlines for responding to legal filings and communications, waiting can bar you from possible actions.
For example, not responding results in the legal process moving forward with a summary judgment. This means the foreclosure process moves forward without giving the debtor any chance to plead their case or defend their lack of payment.
Respond to Claims
Typically, the lender’s foreclosure complaint will include specific claims. There will be a numbered list outlining each of the complaints or claims the lender wants to include in its filing. When responding, the borrower should also include a numbered list that directly addresses each numbered claim. This ensures that each grievance gets addressed.
The response to each claim should include either an affirmative, a denial, or a statement explaining that the claim is so unclear that you cannot make an affirmative or negative statement. The court assumes that any claim you agree with or admit to is a true fact. For any claim you deny, the lender has the burden of proof to show that it is true.
Respond to Your Foreclosure Complaint
If you receive a foreclosure complaint, you need to take action. Ignoring this notice could result in the loss of your home. If you are unsure how to handle a foreclosure complaint, speaking with a foreclosure attorney can help you better understand your options. They can explain the meaning of the documents you received and your legal options. Should you retain them, they can represent your best interests moving forward.
Schedule a consultation today to discuss your current mortgage status with a foreclosure defense attorney.
