Defending Yourself from a Florida Foreclosure Part 8
As a judiciary state for foreclosure legal proceedings, all Florida foreclosure cases must be seen in court. This means a couple of things for you as a homeowner – 1) that it’s a relatively slow process (see what we suggest doing to take advantage of the delays by reading Part 7 in our foreclosure series), and 2) that you have an opportunity to present and defend yourself in court.
One key step to putting up a strong defense is by forcing your opponent to show up and prove their case with original evidence (show the note!) and by putting witnesses on the stand.
In order to have fair representation for your case, do whatever is in your power to force the bank to put up witnesses. If your lender can’t come to court with original documents and witnesses who notarized the original paperwork, they shouldn’t be taking your home away from you!
Put the onus on the lender to come to court ready to fight by subpoenaing everyone involved in your case, including any notaries, custodian of records or other witnesses. When you subpoena everyone for trial, you’re telling the bank you’re ready to play hard ball and you won’t quit without a fight.
A foreclosure is scary, and the foreclosure process feels especially ominous with the end of the moratorium on Florida foreclosures and evictions now upon us. If there’s one thing we can tell you, however, it’s that we have your back. At Jacobs Legal, we never stop fighting for you and your rights. If you feel threatened by foreclosure, know that you have options, and by engaging our help early, we can determine the best course of action for your case. For any questions at all or to schedule a confidential consultation, contact us today at 305-358-7991.