Legal Question in Credit and Debt Law in Florida
Mortgage Forclosure - Answer to Complaint
I received a Summons regarding a foreclosure of mortgage complaint. It says I have to answer within 20 days to the court. Does this ''answer'' have to be in a legal format? If so, where do I find it? If not, what information should be included in my response? Is there a way to stop the foreclosure once it has reached this stage? Thank you.
3 Answers from Attorneys
Re: Mortgage Forclosure - Answer to Complaint
It would be wise for you to hire a Lawyer at this point. Please contact my office should you wish to do so.
Re: Mortgage Forclosure - Answer to Complaint
1. Any Florida legal form book will have a sample.
2. Yes, you can still call the attorney to make payment.
Re: Mortgage Forclosure - Answer to Complaint
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You are certainly allowed to represent yourself. An answer can be filed in any form but MUST contain the style of the case (name of the parties and case number). It must be filed with the office of the clerk of the court in the county in which it was filed. For Miami-Dade County, the address is 73 West Flagler Street, Miami, Florida.
A sample Answer can be found in many legal pleading formbooks and probably online. You can also try to stop the foreclosure by arranging payment with the bank's attorneys, although you may find them to be less than helpful or responsive.
I would strongly suggest that you consult with an attorney to review all of your legal options. Often, an attorney can get better and quicker results than you may be able to do on your own.
Scott R. Jay, Esq.