procedure for responding to a summons and complaint for foreclosure in FL state

lawsuit filed for forclosure: I received a summons that a lawsuit has been filed against me. I have to file a written response to the complaint. I am currently going through a divorce with the other party who is the actual defendant. Do I attempt to write to the courts and the other question is what am I suppose to write if I in fact have to.

Thank you
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I need to prepare a letter to the court beacuse I foreclosure is being file against me.
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Answers (3)

Kevin Luis Deeb

Kevin Luis Deeb

Contributor Level 4
Before an accurate answer can be given to you, a thorough review of the complaint is required. Your specific situation with regards to the property and the loan that is being foreclosed will also determine what your response to the complaint will be as well as what your course of action should be. I strongly recommend that you seek the advice of an attorney that can review your complaint and help you make a decision in light of the other circumstances revolving around the property, the loan and your personal situation with your current spouse. I also recommend that you contact your divorce attorney and advise of the pending foreclosure.
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Dennis Andrew Chen

Dennis Andrew Chen Avvo Pro

Contributor Level 7
Be sure to file a response within the time period. What you should include will depend on the allegations in the complaint. Do not write a letter explaining the hardship you are going through and expect the court to be lenient. The court gets that sort of letter all the time and it does not serve as a denial of the lender's claims. A better choice is to contact a consumer lawyer for a consultation and determine what defenses you may have. In Dade City you could try contacting Mike Wasylik, Esq.
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Michael Alex Wasylik

Michael Alex Wasylik

Contributor Level 4
First, you should check the Avvo legal guide on this topic:
http://www.avvo.com/legal-guides/mortgage-foreclosure-Florida

Second, if a summons has been served with your name on it, you are a defendant. You may have an interest in the property, and if you're not yet divorced, probably do. if you fail to respond within the 20-day time limit, you may forfeit any interest you have in the property and the court may enter a "default judgment" against you.

Third, if your spouse is no longer living with you, be sure to let the court know that fact, or your spouse may lose important rights in the process.

Finally, "I can't pay" is not an response that helps you. You may wish to ask the court for more time to consult a lawyer; you may deny the allegations in the complaint (or simply say that you have no knowledge of those allegations - which operates as a denial). You may raise any other defenses you may have, also. But remember that "I can't pay" isn't a defense - it's a admission.
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