What Is A Foreclosure Complaint

A Foreclosure Complaint is the official document filed with the Clerk of the Circuit Court in the county where the property is located that starts the foreclosure process. It is a lawsuit, prepared by a law firm, and filled with legalize.

But don't let it scare you if you understand what it means, you will know you have many defenses and many rights.

Most foreclosure Complaints are very similar. Often they have a Caption (the part where the Plaintiff and Defendants are listed, the case number, and the county where the case is filed). They allege certain standard facts such as the homeowner failed to pay their mortgage on time, the mortgage company has the right to foreclose, blah blah blah. And then every foreclosure lawsuit alleges TWO counts:

Count 1: Foreclosure of the Promissory Note.
Count 2: Recreate a Lost Promissory Note

What does this mean? It means that the legal right the mortgage company has to foreclose your home is based on the promissory note you signed at the time of your closing. In order to foreclose, the mortgage company must possess this note but many times, the mortgage companies don't know where the ORIGINAL NOTE IS!!

Which is why every foreclosure complaint always has a second count to recreate the lost promissory note!

The mortgage company has the legal burden of PROVING they possess the promissory note, proving they complied with the terms and conditions of the promissory note, and proving that they are allowed to proceed with the foreclosure lawsuit.

Often times the mortgage company cannot prove this.

The homeowner does not need to prove anything. But if the homeowner ignores the foreclosure process, the mortgage company wins by default.

This is why it is important to have an experienced law firm like the Byrne Law Group representing you we know how the mortgage companies work, we know the weaknesses of their law suits, and we know how to fight aggressively for our clients. Talk to an experienced attorney at the Byrne Law Group today by calling 813-413-6565 right now for a FREE consultation.