Financial distress hardly happens in just one night and unexpectedly. Normally, it is a gradual process with a few flare warning signs going up that some things have started deteriorating.
If warnings are ignored, your finances may go up in smoke, and it might be too late to take the necessary steps before you are declared bankrupt, losing your home or residential property.
Sometimes, you may just want to let go of your home. Although it is advisable to retain the services of a Florida foreclosure attorney in such a situation, it may not always be necessary.
But in certain situations, you will need to retain a foreclosure defense attorney in Florida. In many cases, you can have a strong defense against foreclosure lawsuits with the help of an attorney. All you need to know is to be familiar with the following signs to determine when to hire a foreclosure defense attorney:
- You have a Strong Defense and Want to Defend Your Residential Property
If you believe you have a strong foreclosure defense against the case and are looking to keep your residential property, you will need to enlist the services of a professional lawyer to give you a hand.
Every foreclosure defenses are not the same. And all the situations have a complicated nuance, which may ultimately break or make a foreclosure case.
In both cases, you will have to file a lawsuit, especially if the foreclosure is non-judicial or it is responding to a lawsuit in a judicial foreclosure.
Whichever way, the whole process encompasses filing documents, making legal arguments, and following the rules of evidence.
Your foreclosure defense attorney won’t just help you handle all these. They will also help to navigate court rules and submit the right paperwork.
- Respond to Summons and Complaints
Florida is one of the judicial foreclosure states. That means for you to foreclose on a home, your bank or lender may need to file a foreclosure lawsuit against you first. Once your lender files a lawsuit, you will be served what is called a summons and complaint.
Failure to respond to summons and complaint default judgment is going to be issued to you – meaning you will lose your residential property automatically.
But the good news is that you have enough time to answer this summons and complain. Responding to it will mean you are telling the lender and the court you are ready to fight the foreclosure lawsuit through a couple of foreclosure defenses.
Your attorney won’t just be prepared a response to this summons and complaint. They will as well identify mistakes in the summons and complaints.
- The Service or Lender is Dual Tracking
Basically, dual tracking refers to a term referring to when a lender or service proceeds with foreclosure, even when the applications to stop it are pending.
Dual tracking is normally against the law. So you might want to hire a good foreclosure attorney to know what is happening and offer you the advice you need.
Whether you want to respond to summons and complaints or have a strong foreclosure defense against the lawsuit filed by your lender, it is important to hire a good attorney. Ensure also the attorney is reputable, experienced, and knowledgeable in foreclosure law.