In Florida, the foreclosure process goes something like this…
It begins with the lender filing a lis pendens and a complaint in Circuit Court. From there the owner is served with a summons and a copy of the complaint. The owner then has 20 days to file an answer with the Court. The owner is welcome to file an answer without an attorney. However, without an attorney, the owner may not assert proper legal defenses.
If the owner fails to respond within 20 days, the Clerk of the Court will issue a default against the owner, which waives all defenses and expedites the foreclosure process. After an answer is filed or a default is entered, the lender will file a Motion for Summary Judgment and schedule a Summary Judgment hearing. At the Summary Judgment hearing, the judge will enter a Final Judgment and set a foreclosure sale date for 30-45 days after the hearing.
A good law firm can use legal strategies and tactics to defend a homeowner in the foreclosure process. These legal strategies and tactics buy additional time for the owner to live in the home and/or the time needed to assess alternatives such as loan modifications, short sales, deed-in-lieu, or bankruptcy.
A foreclosure defense is certainly something some may want to consider in times like these. Be sure to consult a good Real Estate attorney to make sure this process is handled correctly.