My dad was served a lis pendens foreclosure summons on his property what do we do?

You need to fight this on two fronts: one in court and one with the lender's loss mitigation department. Once a foreclosure is filed, the lender declares the whole balance due (along with legal fees, penalties, etc.) pursuant to the Acceleration Clause in the mortgage agreement. That's why it won't accept a partial payment. If it did, it would undermine its own claim to the total amount due.

So, you have a foreclosure suit to defend. They filed a Complaint. Your dad needs to file an Answer. If he doesn't, then he risks a default judgment being entered against him. He really should get an attorney to help him with this. Since he's out of work, suggest to him that he look up the local county Legal Aid office, if there is one in his county.

Meanwhile, he should try to refinance or otherwise modify the subject loan to get out from under the foreclosure suit. Contact the lender's Loss Mitigation department and see what their procedures are for workout programs such as modifications, reinstatements with partial claims, etc. Check to see whether the lender's website offers any info on the subject. If so, it probably has forms to print and sent in.

Don't bury your heads in the sand on this. You've got to be proactive because the bank's lawyers are just going to keep pushing this through unless you do something to stop them. Good luck.

Dennis Phillips, Esq. Florida personal injury & wrongful death plaintiff’s attorney.
Million Dollar Advocates Forum, Mensa, Florida Bar, American Association for Justice, Florida Justice Association, Palm Beach County Justice Association, Broward County Justice Association. www.inawreck.com. Negligence is no "accident" (TM)