The Ticktin Minute July 31, 2017 – The Beginning of the Foreclosure Process: The Answer to the Foreclosure Complaint and Summons

 The Beginning of the Foreclosure Process: The Answer to the Foreclosure Complaint and Summons

A foreclosed home is a home that belongs to a bank pursuant to a court order. In Florida, the foreclosure must be a judicial one (rather than pursuant to a power of sale). The banks are not allowed to include power of sale clauses in the mortgages and must go through the process of judicial foreclosure to foreclose on a home legally. In other words, the banks are not allowed to sell the home without court supervision and approval. A foreclosure begins when a homeowner becomes in default of one or more of their obligations under the promissory note and/or security instrument securing the loan on the home (mortgage document). The Ticktin Law Group has experienced and knowledgeable attorneys who can assist a homeowner who is in need of keeping their home rather than the bank foreclosing on it.

After the foreclosure Complaint and Summons is filed by a bank or lender and served onto a homeowner, the homeowner has twenty (20) days to Answer the Complaint and Summons. The Answer must include certain defenses, otherwise, the homeowner waives the right to use the defenses in the court litigation matter. A Lis Pendens supplements the Complaint and Summons, and is the court document that places the public on notice that there is a litigation affecting the real property subject to the foreclosure.

An Answer to a foreclosure Complaint and Summons must be taken seriously by a homeowner and must be formatted in a special way to be accepted by the court. This is why invoking the assistance of a foreclosure Attorney at this point is crucial. Further, a Lawyer will be able to ask for more time from the court to Answer a Complaint in the event the twenty (20) day deadline to Answer is almost up.

For more information on foreclosure or assistance with a property that is being foreclosed on, contact the attorneys of the Ticktin Law Group for a complimentary preliminary consultation.