Florida Foreclosure Process: The Law Suit.

Services for Real Estate Pros with STAMATAKIS + THALJI + BONANNO

Below, is a brief outline of the time frames in which you can expect the foreclosure law suit to proceed.

•·        Day 1- Complaint-Filed and served on borrower. YOU MUST RESPOND IN WRITING AND/OR SERVE AND FILE AN ANSWER AND AFFIRMATIVE DEFENSES WITHIN 20 DAYS OF BEING SERVED WITH THE COMPLAINT. Any delay may make the situation you are in worse, and if a borrower or homeowner fails to do anything at all, the situation may become the worst case scenario possible. Contact us immediately for a free consultation. Florida's mortgage foreclosure process will absolutely have serious, long lasting ramifications that you may have to deal with in the future, so it absolutely in your best interest to participate now while it is occurring. Your decision to participate now may preserve, protect and safeguard valuable legal rights affecting your future income, credit worthiness and income tax consequences. Contact us immediately for a free consultation.
If I do nothing, what will happen?  A default and default judgment will be entered, and the clerk of the court will auction your property, usually within 25 to 30 days from entry of a final judgment.

  • Day 20-30- Borrower's Answer to the Complaint is due- Borrower will be defaulted for not responding in writing to the Complaint NOTE: It is absolutely imperative that you act before the Court enters a default. Do not ignore the Complaint
  • Days 90-120- Judgment Hearing-Judge will grant the lender a foreclosure judgment and set a sale date usually 30 days out
  • Days 120-150- Foreclosure Sale and Eviction-The home or property will be sold to the highest bidder at a public auction. NOTE: A BANKRUPTCY MUST BE FILED PRIOR TO THE FORECLOSURE SALE, OR THE HOME OR REAL ESTATE WILL BE LOST FOREVER!!

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