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Welcome To Mooney & Stewart, P.A.
Home Foreclosure
WHAT TO DO IF YOU ARE SERVED WITH FLORIDA FORECLOSURE PAPERS
Experienced Bankruptcy Attorney
Serving Bradenton, Sarasota, Tampa, St. Petersburg
In some cases you have to act very quickly. You will only have 20 calendar days to file a written response with the court. If you are unable to file a response a default can be entered against you, which will make it a lot easier for the lender (someone who lends money or gives credit in business matters) to have a foreclosure sale scheduled for your property after a final judgment has been entered.
The best course of action is to take the papers to a lawyer who can review them and advise you concerning your next step. There may be defenses you can raise or procedural defects in the way the lawsuit was filed. If you do not raise these issues in your initial written response to the court you will probably waive the right to address them later. A lawyer can file the necessary response for you and monitor your case to make sure the lender is handling it as the law requires. If a response is filed by a lawyer, your legal proceedings case will often take much longer to end, which gives homeowners (someone who owns a home) more time to work out a deal to save the property or to gather enough money for another place to live.
If you are a tenant (someone who pays rent to use land or a building or a car that is owned by someone else) who is renting a property that enters legal proceedings you are also advised to seek legal advice. You should expect to be served as a defendant in the lawsuit and need to know what will happen to your lease, how long you can stay and what options you may have if the property is sold at a legal proceedings
Sale.
Ways To Avoid Going Through Foreclosure:
Even if you are have or will soon fall behind on your security payments, a legal proceeding may not have to happen. There are options that may be available to you that can save your home, such as a:
* Reinstatement of the loan (it means you pay the back payments and expenses)
* Modification of the loan (it means you change the terms so they are more favorable)
* Deed-in-lieu-of-foreclosure (it means you deed the property to the lender)
* Short sale (it means the lender agrees to accept less from you than they are owed)
* Bankruptcy (it means court-monitored or approved repayment plan).
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