Defending the Foreclosure Lawsuit
After you are served the Summons and Complaint, you only have 20 days to file a response to the lawsuit. Otherwise the bank can get a judgment against you and can quickly schedule the property for sale (sometimes a sale can be scheduled within the next 30 days!) If it has been more than 20 days since you were served, you should still contact us. We can review the court docket for you and may be able to get have the default judgment vacated. So that you can properly defending the foreclosure lawsuit but the longer you wait, the harder it gets to defend it. And your options related to defending the lawsuit can become more limited.
In a foreclosure lawsuit, the bank has to prove certain elements of their case before they are entitled to legally foreclose on your property, unless you do not respond to the lawsuit and allow the bank to instead obtain a swift default judgment. Our job is to keep you in your home for as-long-as possible by vigorously defending foreclosure suit on your behalf. Meanwhile we will fight for will allow you to explore a variety of options in connection with your home. That will include the potential of saving the home through a Chapter 13 bankruptcy or a loan modification. Furthermore, also allowing time for your financial conditions to improve meanwhile.
There are several equitable defenses we will raise for you in a foreclosure defense lawsuit, depending on the facts of each case
Defending the Foreclosure Lawsuit
By vigorously defending your case, a foreclosure judgment will be significantly delayed, if entered at all. However, given the significant Florida case law developed in the foreclosure defense area since the housing crisis in 2007, coupled with the temperament of Florida courts, in most foreclosure cases the bank will typically eventually prevail. That said, if you can present evidence that home loan was based on fraud by the lender or its agents. Then you may be able to defeat the foreclosure action (see the longstanding Florida case of Meyerson v. Boyce, 97 So. 2d 488 (Fla. Dist. Ct. App. 1957) for additional information regarding a fraud defense).
In the end, it really comes down to the evidence that you can produce to the court to prove each of the specific required elements of fraud, which can be a challenge, especially with the passing of time. In any event, we will fight for you every step of the way. And at the very least, postpone the rapid entry of a foreclosure judgment to allow you the time you need to explore and develop other remediation options with our guidance. These other alternatives may come through a bankruptcy filing, a loan modification, a short sale or otherwise. We are here to guide you along the way.
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