Legal Question in Credit and Debt Law in Florida

foreclosure

my house is being foreclosure on and i have a court date set.what can i expect? do i need a lawyer? what if i can not make the courtdate what happens? will the sheriff come and remove my things from the property the same day? i can not afford the house and i don't have any place else to live. i need help and advice fast.

thank you


Asked on 1/16/03, 6:24 pm

3 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: foreclosure

Since you cannot pay the arrears and have no expectation of so and you cannot afford the house,you will be, respectfully, history.

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Answered on 1/20/03, 7:41 pm
George Savage George S. Savage, P.A.

Re: foreclosure

I assume the court date that you are referring to is pursuant to a Motion for Summary Judgment of Foreclosure by the Plaintiff. Essentially, the bank will say you have not paid and you owe $$ for the remainder of the loan. Your only chance is if your have made these payments and have proof (canceled checks, etc.). However, you will need to see an attorney to prepare a response affidavit to attempt to prevent the summary judgment.

If you are not available at the date and time it is set, send a letter to the Judge and the attorney stating that you are unable to attend and request that it be rescheduled.

Good luck.

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Answered on 1/16/03, 6:52 pm
David Slater David P. Slater, Esq.

Re: foreclosure

If you ignore the court date you lose by default. You will have a few days before you are served with the order to vacate. The Sheriff will give you notice & you must remove your belonging. If you have no defenses and cannot make the payments a lawyer can't help. Good luck.

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Answered on 1/16/03, 6:52 pm


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