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What is a Complaint from Your Mortgage Lender?


Foreclosure is a long process, and in it there are a series of documents your lender is required to complete in order to pursue a mortgage foreclosure in Florida. Among the first documents that a homeowner facing potential foreclosure will receive is the “Notice of Default.” This notice informs you that you have failed to comply with your contractual obligations of the loan – which, in the case of foreclosure, means there have been at least three months in a row of missed payments and you are in default on your loan.


After the notice, one of the next documents you’ll be served is the “complaint for foreclosure” or “petition for foreclosure.” If you receive a complaint from your mortgage lender, there are some important things to know.


First, Know Your Timing in a Foreclosure Complaint


Just 20 days. You have just 20 days to respond with an “answer” if you receive a complaint for foreclosure from your lender. It is critical that you act within 20 days or you may end up waiving some powerful defenses in your case. Call us right away at Jacobs Legal if you find yourself facing a Florida foreclosure, and we will assist you in responding to the complaint.


Failure to respond within 20 days puts your case at risk for falling under a default judgment. A default judgment is essentially an automatic loss for you as the borrower. Once a default judgment is made, it can be very difficult to get a court to annul it.


Second, Know That Florida is a Judiciary State


As a judiciary state for foreclosure proceedings, it means the case must be seen in court. The lender cannot resolve the foreclosure without filing a lawsuit in state court.


While that sounds daunting, this can be a good thing. Court cases generally take longer than non-court cases due to scheduling, court back-logs, and other reasons, and this can be helpful as it gives you more time to mount a strong defense and consider your alternatives to foreclosure.


Even if you receive a complaint from your mortgage lender, you can still fight to keep your home!


If you receive a complaint for foreclosure from your mortgage lender, don’t ignore it. Call us right away at Jacobs Legal for experienced foreclosure defense and legal advice.


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