Do I have to go to a hearing if I am letting the home go to foreclosure? It is a case management conference.

Asked almost 2 years ago - Port Charlotte, FL

It says that appearance is mandatory? I want the house to go to foreclosure.

Attorney answers (2)

  1. Robert Jason De Groot


    Contributor Level 20


    Lawyers agree

    Answered . So, you want us to say that mandatory does not mean mandatory? If it is mandatory that you appear and you do not, the worst thing that can happen is that a writ of bodily attachment be entered directing the sheriff to get you and bring you to court. This usually does not happen in mortgage foreclosures. You should show up at the hearing and inform the judge that you intend to let the foreclosure go through. You should also, at the very least, consult with an attorney about the case. You would be surprised at what an experienced attorney can do.

    R. Jason de Groot, Esq., 386-337-8239
  2. Samuel David Cooper

    Contributor Level 13

    Answered . One question any attorney will have for you is why you WANT the house to go to foreclosure. If you simply want to get rid of the house at the least possible cost, you should consider offering the lender a Deed in Lieu of Foreclosure. Just make sure the agreement for the deed includes a provision that the lender cannot come after you for any deficiency.

    You should definitely have an experienced FL real estate attorney involved. If you cannot afford one, there are legal aid groups in every county of FL to offer assistance.

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