You Only Have 20 Days

Foreclosure Defense Lawyer in Sarasota and Bradenton

In the State of Florida, the foreclosure process begins when a bank or a mortgage company files a foreclosure lawsuit and records a lis pendens. A notice of lis pendens is recorded in the public record of the county where the property is located. The borrower is then served with a summons and foreclosure complaint. The bank or mortgage company generally also names as defendants in the lawsuit any other person or entity that may have a legal claim relating to the property such as holders of second mortgages or home equity lines of credit, homeowners or condominium associations, and municipal or county governments asserting claims or liens for unpaid taxes or code enforcement fines. Some lenders also commonly name "unknown tenants" and "unknown spouses" as defendants.

After a process server or sheriff serves the foreclosure summons and complaint on the borrower, a notice of service of process is filed with the Clerk of Courts.  Once the homeowner is served, they have only 20 days to file a response.  If the homeowner does not respond to the complaint within 20 days after being served, the attorneys representing the lender can move for a default to be entered. 

However, in our experience, the law firms that represent banks in foreclosure actions often fail to move for entry of a default. Therefore, even if it has been more than 20 days since you were served with a foreclosure lawsuit, you may still be able to defend the case and fight the foreclosure. In some cases, the lender’s attorneys fail to move for a default for months. It is therefore very important to consult with an experienced foreclosure defense lawyer even if you did not respond within the 20 day time frame. There may still be time to defend your case and assert your legal rights.

Foreclosure Defense Attorney in Florida

If you have been served with a foreclosure lawsuit or notice of foreclosure, know that you are not alone and remember: you have legal rights and options.

We know that once homeowners have learned that the foreclosure process has commenced, they may feel embarrassed or overwhelmed. Learning that you may lose your home is never easy, especially when you feel you are without options. Instead of losing hope, you should take the time to discuss your situation with the Forrest Law Firm.

20 Days Can Go By Quickly

Once you have been served with a foreclosure lawsuit, you cannot afford to wait.  Remember: from the time you are served, you ONLY have 20 days to retain an attorney to respond on your behalf and raise legal defenses to the foreclosure lawsuit.  If you wait too long, you can severely damage your legal rights. Be proactive -- it is extremely important that you seek help from immediately.

Call The Forrest Law Firm today at 1-800-915-3923 for an informative and comprehensive consultation on how The Forrest Law Firm can help you.