Legal Question in Real Estate Law in Florida
served with foreclosure papers, and 20 calender days to reply.
my husband and i were served with foreclosure papers on 12/17/01, they said we have 20 calender days to respond to the courts, excluding the weekends, but our question is this does that also exclude legal holidays? and we make moneyorders for our mortgage, in which we have all the copies their saying they did'nt recieve should we put a trace on them right away or go to court house and appeal first? thankyou so much for any information that you can give us.--name removed--s
2 Answers from Attorneys
Re: served with foreclosure papers, and 20 calender days to reply.
Why count days? If you have the defense of payment, get to an attorney quickly and have him file an answer for you. If you cant afford this, file your own answer by following the instructions on the summons.Then you can contact the lender at your leisure to resolve the question of the whereabouts of the money orders.
Re: served with foreclosure papers, and 20 calender days to reply.
There is no ruling or judgment for you to appeal yet. You must respond to the lawsuit with an answer and affirmative defenses or with a motion to dismiss, and I highly recommend you retain a lawyer to undertake your defense in this matter, especially if you have paid the mortgage and have significant equity in the property.
Start tracing the money orders and organizing any and all papers you may have that will help with the defense of your interests. Seek counsel, and if you cannot afford an attorney, contact a legal services clinic that may put you in touch with an attorney who will assist you free of charge.
Good luck.
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