The Andres Lopez Law Firm

A brief overview of the foreclosure process in Florida

You are drowning in debt and can’t manage to get out of it. Home foreclosures are a reality that many Americans have faced before. You are not alone in trying to get answers to your questions and hopefully find the peace of mind you need the most.

The good news is that you have legal options and defense available to help you fight your home being liquidated to pay off your debts. You are not fighting alone and the more knowledge you gain in the process of home foreclosures in Florida, the better your chances of sustaining your home long-term.

A lawsuit against you

Your lender will first have to file an official lawsuit against the homeowner (you) before attempting the sale of your home. Since you are being sued by your lender, you are granted the right to raise a defense to the proposed actions. Your defense is time to raise your rights before the court and bring analyzation to any discrepancies made by the lender.

Steps of foreclosure

Your home lender has the burden of proof to prove their claims against you. A strong legal defense will be able to raise a strong counter attack to what is said by your lender in court. Strategy and planning will go far as you and your lawyer prepare for court.

Here are the typical steps to home foreclosure:

  • Lawsuit is initiated by the lender
  • Defendant (you) respond within 20 days of notice
  • Not responding to initial lawsuit notice results in automatic foreclosure agreement
  • Responding initiates the discovery phase, information is exchanged
  • Disputes will be argued in court through a trial process

You do not have to feel overwhelmed with the accusations and threat of losing your home. Discussing the details of your situation with your legal team will help guide the process and attack plan of the lawsuit. Many people have faced foreclosure and won their cases, it is possible.

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