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I received a final judgement of foreclosure. Can I respond to this notice?

Miami, FL |

Attached to the final Judgement of foreclosure is an affidavit from some one who works for the servicing company saying that affiant is an employee of the servicing company of the palintiff and is personally familiar with the loan.There in no note attached to this document. this document is notarized by some one in Ohio where the employee of the servicing company lives and works . I did not receive the summons so i was not able to amswer in the 20days given to me. However, this document I did receive.

Attorney Answers 3


  1. If your objective is to defend the lawsuit, and if you HURRY and get a knowledgable foreclosure defense attorney who understands how to litigate these cases ti represent you IMMEDIATELY, it may still be defensible. It appears that the foreclosure firm is not raising the issues correctly and it may be that service of process was defective. However, it is impossible to tell from what you have posted whether they already received a final judgment or are still asking for one and it matters tremendously. But, do not try this yourself or it will very likely not work. Those attorneys who are knowledgable in this area of law are few, far between and highly specialized. Trying to do this yourself is comparable to trying to do your own brain surgery.

    An Action of Foreclosure is a lawsuit, and subject to many defenses which, if raised properly, can change everything. It may not be too late for you to defend properly and there may well be other issues which should also be raised. However, there is no one who can properly advise without a detailed analysis of your case and all the issues relating to it by an attorney who is highly experienced in defending foreclosure cases. Every case is different, there is no one size fits all response or defense that would be appropriate, it would depend on the exact details and legal issues in your case. Only a really qualified foreclosure defense attorney will know how to even figure out what those are.

    Serious foreclosure litigation is extremely difficult and complicated. This is not something that even most attorneys know how to do. We have clients who are themselves attorneys, yet have come to us for help because they understand this, and realize that in order to have a chance against the "big guys" they need really qualified people to help them.


  2. If you received a Final Judgment, it is likely the 20 days already ran and the bank's attorneys obtained a default judgment against you. With the Final Judgment the bank can auction your house at a foreclosure sale, and eventually obtain a Writ of Possession where you will be asked to leave your home.

    To set aside the Final Judgment and re-open a lawsuit, you need to demonstrate "excusable neglect", where you failed to timely respond to the foreclosure because you were not properly notified AND you have legally viable defenses AND you acted timely once you realized there was a mistake. Based on your brief note, it seems you may have the first two elements. However, continuing to wait is quickly eating away at this third element. If you wait too long, the first two elements will not matter.

    This is not simple litigation. You need to be well-prepared and well-represented. Keep in mind that all the judges are presently over-worked with foreclosure lawsuits. It will be difficult to distinguish your case from all the others in the pipeline. You need to make certain everything you tell the Judge is backed up with documents and evidence.

    If you are fortunate and the Court sets aside the Final Judgment, you will need to quickly assess your situation. Just because you set aside the Final Judgment does not mean the lawsuit went away. It means you will now be provided the opportunity to meaningfully litigate the foreclosure with the bank. This can be lengthy and expensive.

    Good Luck.


  3. One reason why you never got service is that Florida permits service by publication in certain circumstances. The Bank must show it made a diligent effort to find you. If you were living in the same property and they had your correct address, we may be able to set aside the judgment and raise defenses. Its necessary to review your case with a competent foreclosure attorney.

    The documents you describe sound likee affidavits in support of a motion for summary judgment. If the summary judgment is not entered, you may still have the ability to fight. I recommend checking the docket for your case at Miami-Dadeclerk.com. You may still have the ability to get a mediation in order to avoid a deficiency judgment. The worst thing to do is nothing.