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Foreclosures

I have been served with a lawsuit. What should I do?
You must file a response to the lawsuit within either twenty (20) or thirty (30) days, depending on the amount of time contained in the Summons that you received with the lawsuit. In most lawsuits, Florida law provides twenty days to file a response. However, the Fair Debt Collection Practices Act allows for thirty days to file a response on certain types of collection actions such as a foreclosure. Thus, some attorneys will file a lawsuit with a thirty-day Summons on a foreclosure while others will use a twenty-day Summons. You need to read the Summons very carefully. For further questions you should contact an attorney if you have been served with a foreclosure lawsuit.

My home has gone into foreclosure. How can I save my house?

Generally, there are two ways to save your house. The first is to contact your lender and find out how much money it will take to bring your payments current. Usually, the lender will make you pay the back payments together with the costs it incurred in filing the lawsuit. The second way to save your house is to file a Chapter 13 bankruptcy.

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How long before I have to move out of
my home?

This varies, but as a general rule, you will have between three (3) and six (6) months from the date you were served with the foreclosure lawsuit. There are a lot of things that can happen during a lawsuit which can either lengthen or shorten the time period.
If you have been served with a foreclosure lawsuit you should contact an attorney immediately.

I was only late a few times on my mortgage payment. Why am I being foreclosed?

Your mortgage agreement is just like any contract. It requires payment to be made by
a certain date. If you don’t make payments
by the required date, you are in breach of
your contract, and the lender can file suit
or do anything else allowed under the
written contract.

Also see:
Real Estate

Landlord/Tenant


 
     
   
 
 
 
 
Plantation Office Legal Resources