FORECLOSURE DEFENSE SOLUTIONS
THE LAW OFFICE OF KATHRYN E. DURNELL
WHAT TO DO IF YOU ARE SERVED WITH FLORIDA FORECLOSURE PAPERS:
You need to act quickly. You will only have 20 calendar days to file a written response with the court. If you fail
to file a response a default can be entered against you, which will make it a lot easier for the lender to have a
foreclosure sale scheduled for your property after a final judgment has been entered.
The best course of action is to take the papers to a lawyer who can review them and advise you
regarding your next step. There may be defenses you can raise or procedural defects in the way the lawsuit
was filed. If you do not raise these issues in your initial written response to the court you will probably waive
the right to address them later. A lawyer can file the necessary response for you and monitor your case to
make sure the lender is handling it as the law requires. If a response is filed by a lawyer, your foreclosure
case will often take much longer to end, which gives homeowners more time to work out a deal to save the
property or to gather enough money for another place to live.
If you are a tenant who is renting a property that enters foreclosure you are also advised to seek legal
advice. You should expect to be served as a defendant in the lawsuit and need to know what will happen to
your lease, how long you can stay and what options you may have if the property is sold at a foreclosure
WAYS TO AVOID GOING THROUGH FORECLOSURE:
Even if you are have or will soon fall behind on your mortgage payments, a foreclosure may not have to
happen. There are options that may be available to you that can save your home, such as a:
- reinstatement of the loan ( you pay the back payments and expenses)
- modification of the loan (you change the terms so they are more favorable)
- deed-in-lieu-of-foreclosure ( you deed the property to the lender)
- short sale ( the lender agrees to accept less from you than they are owed)
- bankruptcy (court-monitored or approved repayment plan)
Each of these options has legal, financial and other ramifications to your future that you need to
understand. It may be in your best interest to consult an attorney before you try to enter into any
agreement with your lender, especially if you are not used to negotiating deals or reviewing or drafting
real estate agreements. I have personally handled hundreds of foreclosure cases. Put my experience to
work for you by calling or emailing my office to set up an appointment.
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not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your
own situation. Copyright 2007 by Kathryn E. Durnell. All rights reserved.