Legal Question in Real Estate Law in Florida
foreclosure
i have copies of checks that were cashed by my mortgager after the stated date of my default (in the foreclosure paperwork). i have to write a letter to the mortgager's attorney stating this (in hopes of getting the foreclosure nullified). what is the title of this letter i must write? do i fax the attorney a copy and file one in court?
1 Answer from Attorneys
Re: foreclosure
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The instrument you need to file is called an "Answer" to the Complaint. The original should be double spaced with the style of the case typed on the top of the first page and a certificate of service on the bottom of the last showing that you mailed a copy to the attorney for the lender.
It is important that you answer all issues raised by the Plaintiff mortgage company. Any possible defenses may be raised therein or by a separate document entitled Affirmative Defenses.
Frankly, if this is your primary residence, I would strongly suggest that you retain a real estate attorney to represent you in this action as your home is at stake. Good luck.
Scott R. Jay, Esq.