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Foreclosure procedure in Florida state, procedure for responding to a 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?

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I need to appeal a foreclosure judgement
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Attorney answers (4)

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Reputation Level 18
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.
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Reputation Level 8
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.
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Reputation Level 1
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
11 people marked this answer as good

Reputation Level 1
I posted to this thread some time ago and have received quite a few direct responses. I hope all of you are procedding diligently with your cases. Please make use of the following update information, if your case is in Florida, which I hope will help you in your defense:

1. View the Florida Supreme Court Special Task Force Report released in August 2009:

http://www.floridasupremecourt.org/pub_info/doc...

If you prefer to instead google this up just use the search words: "supreme court special task force report"

2. This task force report was recently reaffirmed by a state wide order from the court requiring pre-judgment mediation in homestead foreclosure cases. It further requires the lender to provide proof (but only if you demand it 25 days before the mediation takes place) that it owns and holds your note and mortgage.

3. Earlier this summer I was on Fox News, channel 13 (Tampa Bay market) to address some of the reasons. methods, and costs associated with foreclosure defense. It has been posted, commercial free on YouTube in three 7 minute segments: simply use these words in the search box at the youtube website: "greg clark foreclosure" or you can google it up using these search words: "greg clark foreclosure youtube"

Also, you can alway reach me by email or phone:
www.gregorydclarklaw.com
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Other answers (1)

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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.
26 people marked this answer as good

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