Legal Question in Real Estate Law in Florida
Answering a Forecloser Summons
My mortgage has not been paid for four months. Recently I received a forecloser summons from the Mortgage Company. However the other day I also recieved a Negotiation
Agreement from the mortgage company. They have informed us that these documents passed in the mail. My husband says not to answer the summons I say otherwise. Since the said document has a doc.number. Which of us are correct? Also,how do you answer a forecloser summons? They inform me that I have to have it documented at the Court House. How do I go about this? Thank you for your time and speedy reply since I have only until the 15th of January to answer.
2 Answers from Attorneys
Re: Answering a Forecloser Summons
Follow Mr. Jay's advice, not your husband's. Once you file an answer to the complaint, the plaintiff's attorney will have to serve you with a copy of everything he/she files with the court, so there will be no surprises and you'll be aware of what is going on with the foreclosure action. I do not recommend that you prepare and file the answer yourself. Have a lawyer do it. If you cannot afford an attorney, call the local county bar association to learn whether there is a free legal services program that you can take advantage of. Good luck.
Re: Answering a Forecloser Summons
You must file an Answer to the Complaint within the 20 day period from service of process to avoid the entry of a default unless you have reached definite agreement with the Lender for repayment. It should be delivered or mailed to the clerk of the court in the respective county in which you the case was filed with a copy to the attorney for the Lender. If you are still talking or negotiating, file the Answer.
Remember you are dealing with 2 different departments of the lender who probably do not communicate with each other. As long as you file the Answer with the Court you are protected.
Scott R. Jay, Esq. 305-249-8000
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