Foreclosure Pending in Florida... Next Steps?

Angela W.

LoanSafe Member
Jan 7, 2018
3
0
1
Hey all, after many years of going back and forth with my mortgage company, they have finally filed a foreclosure against me. I just received the summons yesterday and need to know what now? It says I have 20 days to file a response, but what kind of response am I supposed to file? They originally told me I could sell my house for market value and I would benefit with any profit received. I thought they were allowing me to do that instead of foreclosing, but I guess they were allowing that while still filing. What kind of time frame do I have to find a seller and move? Thanks in advance for your help.
 

Erik Sandstrom

Mortgage Expert - Call 1-619-379-8999
Staff member
Loan Safe Mortgage
Jan 14, 2011
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San Diego, California
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What type of document did you receive? Was it a notice of intent to accelerate or a notice of sale?

If you're planning on trying to sell for more than what is owed, I suggest you list the property for sale immediately with a local realtor to avoid foreclosure (or even short sale) if you can.
 

OneHugeMess

LoanSafe Member
May 30, 2016
478
33
28
Hey all, after many years of going back and forth with my mortgage company, they have finally filed a foreclosure against me. I just received the summons yesterday and need to know what now? It says I have 20 days to file a response, but what kind of response am I supposed to file? They originally told me I could sell my house for market value and I would benefit with any profit received. I thought they were allowing me to do that instead of foreclosing, but I guess they were allowing that while still filing. What kind of time frame do I have to find a seller and move? Thanks in advance for your help.
You need to draft a response and answer, to the Foreclosure Complaint filed against you. Otherwise, they get DEFAULT JUDGEMENT, and the foreclosure case really SPEEDS up. You need to respond to the compliant as soon as you can.

I don't know what county you're in, but this is the packet you'd print out for Palm Beach County. The initial complaint filed (and served to you) may have the documents you need to submit an answer, already in them.
https://www.icelegal.com/files/Family Law Forms/Packet #11.pdf


Also - I'd check out this site as well.
http://www.theorlandoforeclosure.attorney/how-to-respond-to-a-foreclosure-summons.html

Most importantly, post in this thread - where we are all active, and we can help you. :)
https://www.loansafe.org/forum/threads/bagels-at-a-bar-mitzvah.45173/
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,832
603
113
NJ
You can look at Florida filings online. Just use other answers as a guide.

I'm following a case in St Johns County. Their website is user friendly. These homeowners are represented by an attorney now, so use one of the Answers to the Amended Complaint as your guide.

https://stjohnsclerk.com/online-research/
 

Angela W.

LoanSafe Member
Jan 7, 2018
3
0
1
What type of document did you receive? Was it a notice of intent to accelerate or a notice of sale?

If you're planning on trying to sell for more than what is owed, I suggest you list the property for sale immediately with a local realtor to avoid foreclosure (or even short sale) if you can.
It was a summons... not sure what kind, but basically the start of a foreclosure? It says I have 20 days to file a response otherwise they will file a default?
 

Angela W.

LoanSafe Member
Jan 7, 2018
3
0
1
You need to draft a response and answer, to the Foreclosure Complaint filed against you. Otherwise, they get DEFAULT JUDGEMENT, and the foreclosure case really SPEEDS up. You need to respond to the compliant as soon as you can.

I don't know what county you're in, but this is the packet you'd print out for Palm Beach County. The initial complaint filed (and served to you) may have the documents you need to submit an answer, already in them.
https://www.icelegal.com/files/Family Law Forms/Packet #11.pdf


Also - I'd check out this site as well.
http://www.theorlandoforeclosure.attorney/how-to-respond-to-a-foreclosure-summons.html

Most importantly, post in this thread - where we are all active, and we can help you. :)
https://www.loansafe.org/forum/threads/bagels-at-a-bar-mitzvah.45173/
I am in Hillsborough County. Are you able to find the same thing for Hillsborough? I appreciate your help!
 

Erik Sandstrom

Mortgage Expert - Call 1-619-379-8999
Staff member
Loan Safe Mortgage
Jan 14, 2011
2,060
162
63
San Diego, California
www.loansreduced.com
AH ok so they haven't even filed a Notice of Default yet. That's a good thing. Wanda Robo provided some great advice above, Thank you Wanda!!!
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,832
603
113
NJ
I am in Hillsborough County. Are you able to find the same thing for Hillsborough? I appreciate your help!

All you have to do is substitute Thirteenth Judicial Circuit, Hillsborough County and follow the rest of the form OHM posted.

If it's Fannie or Freddie, google paragraph 22 foreclosure defense.
If it's an FHA Mortgage, google 24CFR203.604 foreclosure defense.

The important thing is to deny all the allegations in the Complaint, and raise your Affirmative Defenses.
What type of Mortgage is it? Is it Fannie or Freddie or an FHA Mortgage? Depending on what type it is, I can steer you to specific Affirmative Defenses.
 

OneHugeMess

LoanSafe Member
May 30, 2016
478
33
28
I’ll try and see if I can find a packet for Hillsbrough county.

For what it’s worth, you should do your research and find a really good realtor if you plan on selling. I’d get the house listed ASAP.

What has happened is your loan is now considered “Accelerated” which means the entire principle balance is due, plus the past due interest, and a Lis Pendons has been filed. The foreclosure case has been filed but it’s only in the beginning - which is why you received a summons for the case.


You need to file a answer to the complaint, like I said, or the foreclosure will zoom forward, and you’ll be out in four or five months.

I also wanted to give you these links.

https://www.bals.org
http://gulfcoastlegal.org/about-us

If you call, you may be able to get a pro bono attorney to help you fill out the answer to the foreclosure complaint.

Also - out of curiosity, what is the entity that is suing you. Is it The Bank of NY Mellon, Detutsche Bank, or US Bank?
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,832
603
113
NJ
I’ll try and see if I can find a packet for Hillsbrough county.

For what it’s worth, you should do your research and find a really good realtor if you plan on selling. I’d get the house listed ASAP.

What has happened is your loan is now considered “Accelerated” which means the entire principle balance is due, plus the past due interest, and a Lis Pendons has been filed. The foreclosure case has been filed but it’s only in the beginning - which is why you received a summons for the case.


You need to file a answer to the complaint, like I said, or the foreclosure will zoom forward, and you’ll be out in four or five months.

I also wanted to give you these links.

https://www.bals.org
http://gulfcoastlegal.org/about-us

If you call, you may be able to get a pro bono attorney to help you fill out the answer to the foreclosure complaint.

Also - out of curiosity, what is the entity that is suing you. Is it The Bank of NY Mellon, Detutsche Bank, or US Bank?
Is Florida's "rocket docket" really moving that fast? That's an outrage!
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,832
603
113
NJ
If the foreclosure mill/attorney has their act together, the answer is Yes. Everything is moving along MUCH faster now, than in years past.

So, Angela, needs to move fast & needs our help, fast?
It's really important, then, Angela, for you to tell me what kind of mortgage they are foreclosing on.
Is it FHA, Va, or Fannie/Freddie?
 

OneHugeMess

LoanSafe Member
May 30, 2016
478
33
28
So, Angela, needs to move fast & needs our help, fast?
She needs to file her answer very shortly, yes. I don't want to see them get a default judgment and easily snatch the house. They should have to work for it, a little bit.

It's really important, then, Angela, for you to tell me what kind of mortgage they are foreclosing on.
Is it FHA, Va, or Fannie/Freddie?
If she received a loan during the housing bubble, chances are very strong that it's a Private, Securitized loan like I got. If she refinanced or bought the home after 2007, it's probably a Fannie Mae loan.

Angela, you can check here and see if your loan is apart of Fannie Mae or Freddie Mac.
https://www.knowyouroptions.com/loanlookup
https://ww3.freddiemac.com/loanlookup/
If it's an FHA, usually the mortgage statements will say something like
"Conventional FHA 30yr" in the account details, and you'll see something about a "Mortgage Insurance Premium" on your statement.
 
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just_me

LoanSafe Member
Sep 14, 2015
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ANSWERING FORECLOSURE COMPLAINT SIMPLIFIED

Part 1 -You either admit or deny all allegations.

Go down the list of paragraphs and address each one in you own number list. Plaintiff admits para 1. Plaintiff denies para 2. 3. Plaintiff admits loan with lender abc but denies all other allegations not a matter of public record. Etc. Also one can use this for any not sure how to answer stuff - "Defendant is without sufficient knowlege to admit or deny paragraph 3, therefore denies same." Never admit default or verify assertions of case for Plaintiff. Make them prove their case.

Part 2 - "Defenses - Affirmative Defenses" - again numbered but restart at item 1

Always include charge of (1) "Plaintiff lacks standing" and (2) "Plaintiff fails to state a claim" to begin your defenses. Add as defense and to cover the unknowns of the case with "Plaintiff's complaint is barred by the doctrines of laches, waiver, and estoppel." You could always find other affirmative defenses to add and express them in similar fashion. This will help cover some of the bad acts and frauds you may come across.

This will give you a bare bones case defense and answer that any attorney can take over (if you can find one). This is basically what I got at Legal Aid and it has worked for me.
 

just_me

LoanSafe Member
Sep 14, 2015
515
38
28
ANSWERING FORECLOSURE COMPLAINT SIMPLIFIED

Part 1 -You either admit or deny all allegations.

Go down the list of paragraphs and address each one in you own number list. Plaintiff admits para 1. Plaintiff denies para 2. 3. Plaintiff admits loan with lender abc but denies all other allegations not a matter of public record. Etc. Also one can use this for any not sure how to answer stuff - "Defendant is without sufficient knowlege to admit or deny paragraph 3, therefore denies same." Never admit default or verify assertions of case for Plaintiff. Make them prove their case.

Part 2 - "Defenses - Affirmative Defenses" - again numbered but restart at item 1

Always include charge of (1) "Plaintiff lacks standing" and (2) "Plaintiff fails to state a claim" to begin your defenses. Add as defense and to cover the unknowns of the case with "Plaintiff's complaint is barred by the doctrines of laches, waiver, and estoppel." You could always find other affirmative defenses to add and express them in similar fashion. This will help cover some of the bad acts and frauds you may come across.

This will give you a bare bones case defense and answer that any attorney can take over (if you can find one). This is basically what I got at Legal Aid and it has worked for me.
Forgot this two ending defenses:
Plaintiff reserves all issues associated with applicable law, including but not limited to (Florida Consumer laws etc.). Plaintiff reserved the right to amend her Answer as issues become more evident through discovery.
 

just_me

LoanSafe Member
Sep 14, 2015
515
38
28
Hey all, after many years of going back and forth with my mortgage company, they have finally filed a foreclosure against me. I just received the summons yesterday and need to know what now? It says I have 20 days to file a response, but what kind of response am I supposed to file? They originally told me I could sell my house for market value and I would benefit with any profit received. I thought they were allowing me to do that instead of foreclosing, but I guess they were allowing that while still filing. What kind of time frame do I have to find a seller and move? Thanks in advance for your help.
You can keep your house and fight foreclosure (by responding to complaint) and try to sell at same time. Answering foreclosure will extend time frame and give you extra months, maybe years. I wouldn't advertise that house is in foreclosure while trying to sell as it might invite scrupulous bids for short sale and you won't get full value. Keep that mum. You are not foreclosed until there is a judgement so there is no need to disclose.
 

Erik Sandstrom

Mortgage Expert - Call 1-619-379-8999
Staff member
Loan Safe Mortgage
Jan 14, 2011
2,060
162
63
San Diego, California
www.loansreduced.com
You guys are a tremendous amount of help!! Thank you for helping her fight, hopefully we see a response here soon on the action that has been taken.
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,832
603
113
NJ
It was a summons... not sure what kind, but basically the start of a foreclosure? It says I have 20 days to file a response otherwise they will file a default?

Angela, did you file an Answer? If not, they're going to file a Motion to Default you, and you're going to need help, in fighting that.

Are you OK?
 
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