The Berlinsky Law Firm, P.A.

 WHAT DO I DO WHEN I GET SERVED WITH A FORECLOSURE??

READ THE SUMMONS: it generally says you only have 20 days to respond to the complaint. If you do nothing the foreclosure attorney representing your mortgage holder will file a motion for a default after 20 days.

WHAT DOES A DEFAULT MEAN? This is very dangerous in that a default prevents you from hiring a Florida Foreclosure Defense attorney who may be able to raise defenses that are available to you. Once a default is entered, your rights are cut off unless you can prove "excusable neglect" coupled with a "meritorious defense". In layman terms this means that it is very very difficult to set aside a default.

IF THE 20 DAY PERIOD IS ALMOST UP, and you have not seen a Florida  Attorney, you should write a letter to the court clerk, reference the case information on the summons, and ask for more time to hire an attorney, and mail a copy to the mortgage holders attorney. By filing (mailing it to the court) this letter they cannot get a default against you without a court hearing for which you must get notice.

In most cases a foreclosure defense will not avoid liability you may have to repay your mortgage, however generally by asserting your rights and forcing your lender to prove their case, this results in property owners staying in their homes for an extended period of time.

I no longer will defend a foreclosure in the state court system.  However, by filing a Chapter 13 bankruptcy you may be able to save your home

Call 863-409-7961 TODAY for a FREE initial consultation with no obligation, and find out how I may help you. I offer affordable monthly payments.

​​Bankruptcy Attorney