During the foreclosure process, there are a series of documents your lender is required to complete in order to pursue a mortgage foreclosure. Among the first that a homeowner facing potential foreclosure will receive is the “Notice of Default,” which notifies you that you have failed to comply with your contractual obligations of the loan (generally it means there have been at least three months in a row of missed payments).
After the notice, one of the next documents you’ll be served is the “complaint for foreclosure” or “petition for foreclosure.” Here are a few important things you need to know if you receive a complaint from your mortgage lender.
Florida is a Judiciary State
As a judiciary state for foreclosure legal proceedings, it means that the case must be seen in court. Court cases generally take longer than non-court cases due to scheduling and other reasons, but this can be helpful for you as it also gives you time to mount a strong defense.
Know Your Timing in a Foreclosure Complaint
20 days. You have only 20 days to respond with an “answer” if you receive a complaint for foreclosure from your lender. It is critical that you act within 20 days or you may end up waiving some powerful defenses in your case.
When you respond to the complaint, you will you either admit, deny, or call for more information. Your response also buys you time to further consult with an attorney and begin preparing your defense.
Failure to respond within 20 days puts your case at risk for falling under a default judgment, which is essentially an automatic loss for the borrower. Once a default judgment is made, it can be very difficult to get a court to annul it.
If you receive a complaint for foreclosure from your mortgage lender, make your first call to us at Silverberg|Brito, PLLC. We will help you with your all-important response that must be returned within 20 days and discuss with you your many options for defending yourself from foreclosure. Just because you receive a notice of default or complaint for foreclosure, it does not mean you will lose your