Understanding Your Foreclosure Rights

Falling behind on your mortgage payments can lead to very serious legal consequences and the potential loss of your home, but just because you may face the prospect of foreclosure, it doesn’t mean you are without your rights.

In fact, there are many steps in the Florida foreclosure process. Securing quality legal representation is the key to protecting what is yours. At Silverberg|Brito, PLLC, we are here to help.

What to Do If You Are Served a Complaint or Petition for Foreclosure

First things first, don’t ignore phone calls or letters from your mortgage lender in hopes that the “problem” will simply go away. It won’t, and it will only get worse if you delay your response.

In the state of Florida, foreclosures are judicial, which means the lawsuit must be filed in state court. After a complaint has been filed with the court and served to a borrower, the borrower has 20 days to file an answer.

As a borrower, your answer is your response to the complaint in which you have an opportunity to either admit, deny, or call for more information. Failing to respond to the complaint with an answer might risk the case falling under a default judgment, which can equate to an automatic loss for you, the borrower.

When you file an answer, a hearing date will be set. With our help, you will then have an opportunity to present your defenses and explain to the judge why you defaulted on your loan payments.

As a borrower, you also have the right to file a counterclaim or countersuit if you feel that the lender has violated your rights in any way. While this measure may or may not change the ultimate outcome of the foreclosure, it can work well in your defense and garner you additional compensation in your fight.

Protecting Your Rights

Don’t turn a blind eye, especially when it comes to something as important as your home. You have the right to question the validity of the debt and force your lender to provide documentation to prove their position.

Documentation and proof is critical to your case, so keep track of important financial documents, receipts, and any communication with your lender.

At Silverberg|Brito, PLLC, we have your back if you find yourself facing foreclosure on your home or property. Don’t delay in asking your questions. We are always happy to schedule a free consultation to go over your rights and options.

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