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?


Asked on 3/09/06, 2:54 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: foreclosure

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.

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.

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Answered on 3/09/06, 6:45 pm


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