Facing a foreclosure can be one of the most stressful situations that a Florida family might encounter. Often, homeowners facing foreclosure have done everything in their power to stay in their homes but, despite their best efforts, find themselves going up against a bank and the bank’s attorneys in a foreclosure lawsuit.
The foreclosure process usually starts after the homeowner has fallen behind on their mortgage payment, but may also arise after falling behind on homeowners’ association dues or condominium association dues. It is common for homeowners to fall behind on their payments for a number of reasons, including job loss, illness, death of a loved one, or divorce. Regardless of how the foreclosure process starts, the important thing to remember is that you do have rights.
When facing a foreclosure it is critical that a homeowner respond quickly to the foreclosure lawsuit. In Florida, a homeowner will usually have 20 days after being served with a foreclosure lawsuit to respond, in writing, to that lawsuit. Failure to timely respond to the lawsuit can result in a “default” being entered against the homeowner, sometimes ending the homeowner’s ability to enforce the homeowner’s rights against the foreclosure.
First Coast Consumer Law can help to ensure that your rights are protected and keep you in your home while the foreclosure case is litigated.
In addition to defending a foreclosure lawsuit First Coast Consumer Law may be able to help you with other options to possibly retain your home, such as attempting to modify your mortgage. Many times, consumers will attempt to modify their mortgage only to be railroaded into giving up due to the endless requests made by the homeowner’s lender in the modification process. In the modification process many homeowners are repeatedly informed by their lenders that:
- The homeowner has not provided documentation to the lender as required by the lender (even though that documentation has been provided);
- That documentation provided by the homeowner is “expired” or “out of date” when that is not the case; or
- The homeowner has failed to comply with the lender’s modification process when the homeowner has done everything asked by the lender.
If you have had difficulty going through the modification process with your lender, we may be able to help. Our familiarity with the modification process can cut down on the time and frustration that occurs when negotiating a mortgage modification.