Miami Legal Tips Blog

Facing a Foreclosure? Learn the 6 Steps to Expect

Home OwnershipIf you’re facing a foreclosure in Florida, then it’s important to know what’s ahead of you. At Gilbert and Smallman, we can represent you in your foreclosure defense to ensure you have the highest likelihood of having the best outcome possible. Read on to learn the six steps that are likely to be followed and then reach out to us for a free consultation.

  • The lender will file a lawsuit and arrange for everyone who has any interest in the property to have a summons.
  • Every person who has an interest in the party has 20 days from the day they were summoned to answer the summon. In this answer, they’ll either admit or deny the allegations listed. If they don’t answer, then an automatic foreclosure will be issued.
  • Once at least one of the defendants files their answer, the case moves into discovery. This is the stage at which both parties can investigate the core facts of the case. In most cases, it involves exchanging all relevant information including documents, and getting answers to questions. This can last for months – it all depends on how complex the case is.
  • When the discovery phase is over, anyone involved can request a summary judgment from the court, which essentially grants either partial or total victory to one side. Usually this only happens when there aren’t any issues in dispute. Typically the court grants the lender relief at this point.
  • In the event there are still facts that haven’t been settled, then the case will go to trial. Both sides will present their side of the story, including evidence, documents, and testimony from relevant witnesses. The judge then decides the case.
  • In the event the lender wins, the home can be sold at auction. Until it is, the homeowner still has the option to pay off the debt in full to cancel the sale.

As you can see, there are many complicated steps involved in a Florida foreclosure. They can drag on for months – sometimes years – and they involve reviewing a number of highly technical documents. The good news is that Gilbert and Smallman are here to help you.

Call our offices today for your free case evaluation. Don’t fall into the trap of assuming there’s nothing you can do. We may be able to poke a hole in the lender’s case or we may find a way to help you out of debt. All is not lost – call us today for help.

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