From Getting Served to Getting Sold—In Brief

On average, the banks file 50 foreclosures per day in Miami-Dade County alone and Florida as a whole has one of the highest rates of foreclosure in the country.  Many cases can be fought and won.

The foreclosure process has sped up in 2014.  Now, more than ever, it is important to hire an experienced attorney who will actually defend your case and not just “buy time.”

From the time you get served with the summons and complaint, you will have twenty days to file an answer.  If you do not answer within twenty days, the bank has a right to get a default against you.

That is you losing your home because you did not fight.

On the other hand, if you file an answer, eventually you will either go to amotion for summary judgment (MSJ) hearing or go to trial.

An MSJ hearing’s purpose is to determine whether you need to go to trial because there is some genuine issue of material fact or if the bank is entitled to final jugment as a matter of law.

Trial is when the bank presents its evidence, including bringing its witness, and the court decides if and when your house gets sold.  If you lose at trial, typically your sale date will be within 30-120 days.  Even after having a foreclosure sale date, there may still be opporutnity to stop it based on several different reasons.

Even after final judgment or sale, sometimes it is sometimes possible to vacate a final judgment or file objections to the sale.  Remember, however, as a general rule, it is easier to prevent something than undo it.

Whatever part of the process you may be in, get advice from an attorney who has experience defending foreclosure cases and get advice on your specific case.