Foreclosure procedure in Florida state, procedure for responding to a foreclosure summons

foreclosure summons: I received a summons and have 20 days to answer regarding foreclosure. I have spoken with lender and they are telling me on phone that they may take a payment from me and set up a payment modification. Does this put the foreclosure process on hold- they are telling me it does but how do I know this for sure? I am still responding in writing to the summons since I have 20 days and have not received the paperwork for the modification yet. Is this correct action to take? - Is this your question? Add additional information
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Answers (4)

Margery Ellen Golant

Margery Ellen Golant

Contributor Level 8
Nio, it DOES NOT put the process on hold, don't believe them. Even if they mean it (and they often don't), their internal communication is beyond poor.

If you don't defend yourself within the 20 days, you can lose the ability to do it at all. Then, IF you get a mod, it may be completely unworkable, or you may never get it at all, and then you will have lost your ability to fight back.

The ONLY way to protect yourself is to raise defenses. And, do not try to do this yourself - you will not raise the correct things, and by not raising the right issues, it can be as bad or worse than if you do nothing.

Find an attorney who knows how to do foreclosure defense. Most attorneys do not. And, there are all sorts of "foreclosure rescue" scams looking to take advantage.

If you don't have an attorney you can trust, email me and I'll see if I can find someone in your area who knows what he or she is doing.
23 5

Keith

What you need to be asking yourself is, can you afford to KEEP MAKING THE MONTHLY PAYMENTS in the future, not just a one-time payment. If you can't afford to do that, then you should be making plans to move out and let the foreclosure go through. There was a reason that they filed it in the first place, because someone was not responsible enough to make regular payments.
3 18
Brian Andrew Leung

Brian Andrew Leung

Contributor Level 3
Despite what you have been told, the process is NOT on hold. You must file a response within twenty days of service or you waive the right to any defense.
8 3

gclark560

Also, if you don't fight back immediately the lender will have the right to get a personal judgment against you for the difference between what the property is now worth and what you owe and this will accrue interest and haunt you for 20 years or more.

www.Gregorydclarklaw.com
5 3
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