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Foreclosure Attorney C.W. Franklin

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What to do After You have been Served a Foreclosure Summons

Here is what to do if you have been served a foreclosure summons. Your 3 options are: Hire an attorney, respond yourself, or do nothing. In Florida you only have 20 days to respond.

Outcome of responding by yourself:


The result entirely depends on how you respond to your foreclosure summons. A proper response can only be crafted if you have mastered Florida’s rules of civil procedure, done research on previous case rulings, and have a good grasp on Florida’s statutory laws. Filing random paperwork as a response may give you a small amount of extra time but will devastate what you could have had as a defense. Ultimately, your home will still be foreclosed on if you do not submit a reasonable response or move to have the case dismissed within the 20 day timeframe.


Florida statutory laws:

http://www.leg.state.fl.us/statutes/

Florida Laws of civil procedure:

http://www.floridabar.org/TFB/TFBResources.nsf/0/10C69DF6FF15185085256B29004BF823/$FILE/Civil.pdf

Outcome of doing nothing:


If you are not there to argue your case a default judgment will most likely be entered against you. (Your home will be foreclosed on) You will also no longer be notified of anything regarding what is happening to the case in court.


Why this happens:


The foreclosing party most likely will show up to court to fight even if you do not. They will still be required to show the judge proof that they have the right to foreclose on you. If you are not there to argue your case, a judgment will most likely be passed against you. (Unless the foreclosing party makes a blundering mistake like not showing up either)

Outcome of hiring an attorney:


Depending on the case and skill of the attorney you hire, they may be able to fight your foreclosure for years. In some incredibly rare cases certain attorneys have been able to award their clients full ownership of the home and have all debt is wiped. Don’t ever count on this as your defense. The foreclosing party would have had to make some extremely serious errors for this to happen. What a foreclosure attorney is most commonly used for is buying you time and negotiating deficiency waivers.


Alternative option:


Hire a foreclosure defense lawyer. They may be less expensive than an attorney but they can only recommend certain actions you can take to defend against your foreclosure. Lawyers are unable to appear in court on your behalf where attorneys can. Lawyers can also help you draft the paper work you need to respond.)


Foreclosure: A Quick Outline

We break down foreclosure procedures into simple to understand terms. Begin here to learn basic steps in foreclosure and what you might be able to do to stop it.

How to Respond to a Foreclosure Summons

Here is how to respond if you get served a foreclosure summons. (What happens when a foreclosure lawsuit is filed against you)

Can I Defend Against a Foreclosure Without a Lawyer?

Find out why the average homeowner generally does not have the resources available to defend against foreclosure without an attorney.

Determine If Your Home Foreclosure is Eligible to be Defended

Answer 3 quick questions to see if you have a foreclosure defense case.


Related Topics:

Think of it like fighting a speeding ticket:


Think of it like if you were to get a speeding ticket and you decide to fight it in court. If the cop who gave you the ticket does not show up to court and you do, the ticket will most likely be thrown out. The same is true if the cop shows up to court and you don’t, the ticket will be not only be upheld but you will also be responsible for the court fees.

Important: A foreclosure summons is NOT an eviction notice. You still own and can continue living in your home even though it is in foreclosure. This will remain in effect until the home is legally sold at auction.

Attorney Home  >  Foreclosure Research >  Foreclosure: A Simple Understanding  >

Option 1: Do Nothing.

Option 2: Respond Yourself.

Option 3: Hire an Attorney.

What to do After You have been Served a Foreclosure Summons

Created by Attorney Michael Stites & contributing editor Jared Speck

Related Posts:

how-to-respond-to-a-foreclosure-summons-part-1 how-to-respond-to-a-foreclosure-summons-part-2 where-to-file-your-answer-to-your-foreclosure-summon-&-complaint defending foreclosure without a lawyer (Pro se)

Consults are free, even if you are asking general foreclosure questions.


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