Avoid a Default
If you've been served with a mortgage foreclosure lawsuit, the first step is to avoid a default. A default allows a lender to quickly schedule a foreclosure sale and sell your property. In order to avoid a default, a written response to the lawsuit must be filed with the court within 20 days.
Assert Defenses
If you've already been served with a foreclosure lawsuit, you need a Central Florida mortgage foreclosure attorney who can review the lawsuit, and advise you of any defects and defenses to the lawsuit. These defects and defenses may include:
- The lender bringing suit has failed to complete steps necessary under your mortgage agreement before foreclosing on your home
- The lender bringing suit either does not own or has lost the promissory note, and therefore does not have the right to maintain its foreclosure lawsuit
- The lender for your home loan has violated either Florida or federal law during the closing of your loan, in attempting to collect any amounts past due, and during other terms of the life of your home loan
- The lender or servicer of your loan breached the contract between you and the lender during the life of your home loan
Unless these types of defenses are raised in the written response to the lawsuit, they are waived, and you will not be able to raise them later. Raising these defenses also prolongs the time that a foreclosure sale can be scheduled, providing you with additional months, and maybe even years, in your home.
Creative, Experienced Representation
The Orlando mortgage foreclosure attorneys at Salfi & Sprysenski, P.A. can identify and raise these defenses in a written response to the court, and defend against the mortgage foreclosure lawsuit on your behalf. Our staff carefully monitors the progress of your foreclosure lawsuit, ensuring that the lender that filed the lawsuit complies with both the rules of court and Florida and federal law.
Salfi & Sprysenski, P.A. can also assist you in determining the alternatives to foreclosure that exist.
If you've been served with a foreclosure lawsuit, you need to act quickly to avoid a default from being entered against you. Call 407-792-3165 or toll-free at 866-583-0170 to schedule a foreclosure defense consultation. You can also contact the firm online.
