The Foreclosure Process

An Overview of the Foreclosure Process in Sarasota and Manatee Counties

A foreclosure occurs when a borrower is behind on their mortgage payments and the lender takes legal action in order to take back the property.   Florida is a judicial foreclosure state, so foreclosures must go through the court system.  When a skilled attorney is involved to help the homeowner stay in the home and fight the foreclosure, foreclosures can take up to eighteen months or longer.

The Steps of the Foreclosure Process

• The borrower defaults on their mortgage.
• A Lis Pendens is filed on behalf of the lender.  This is a notice of pending litigation.
• The homeowner is served with a Complaint and the Lis Pendens.
• The homeowner has 20 days to respond to the Complaint. 
• If no response is filed by the homeowner within the required time, the lender may move for a default.
• A hearing is held on the lender's motion for summary final judgment.  If granted, the judgment is entered and a sale date for the home is set.
• The property is sold at auction. 

Getting Assistance from a Foreclosure Defense Lawyer in Sarasota and Manatee

Often after homeowners have learned that they are facing foreclosure, they immediately jump to the conclusion that they will lose their homes or face financial ruin.  Being served with a foreclosure lawsuit or notice of foreclosure is never easy and can evoke a vast array of complicated feelings, especially if they are unaware of their rights or uninformed when it comes to their legal options.  Even after homeowners are served with a foreclosure lawsuit, they have several options at their disposal.  There are many alternatives to foreclosure.

For many years, The Forrest Law Firm has been helping individuals and their families facing foreclosure.  The best defense against foreclosure is to become informed about your rights.