20 Days to Answer a Foreclosure Complaint (OR what is the foreclosure process?)

The foreclosure process can start with the first missed monthly mortgage payment.

Day 1. The First Payment is a Little Late.

When a payment is not received by the due date, the mortgage servicing company automatically flags the mortgage account in their computer system. Late fees are applied, and collection calls start appearing on the caller ID.

Day 30. The Second Payment is Missed.

The due date for the second payment comes and goes. More late fees are automatically added to the computerized account, and collection calls continue. The mortgage servicer notifies the 3 major credit bureaus of a delinquent payment status and credit scores start declining.

Day 60. The Third Payment is Missed.

Additional late fees are added, collection calls increase, multiple times a day perhaps. The mortgage servicer's computer system places the account into delinquent status.

Day 90. The Fourth Payment is Missed.

Now 3 full months behind in payments, the mortgage servicer transfers the account to a law firm in the same state as the property. Late fees continue to add up, as do interest and penalities, and credit scores continue to decline.

Day 92. Almost Too Late to Turn Back.

Approximately 92 to 95 days after the first missed payment, the law firm sends the homeowner a collection letter threatening legal action unless the account is brought up to date. The law firm's paralegals begin researching the property and preparing to file legal documents to initiate the foreclosure process.

Day 100. Foreclosure Begins.

Approximately 100 days after the first missed payment, the law firm files a lis pendens with the Clerk of the Circuit Court in the county where the property is located. The lis pendens attempts to notify any parties or individuals who may have a security interest in the property (such as a lien) that foreclosure proceedings are likely soon.

At about the same time, approximately 100 days after the first missed payment, the law firm files a Complaint. A Complaint is the legal document, filed with the Clerk of the Circuit Court, that starts a law suit. It asks the Judge to foreclose upon the property, have the Sheriff seize and sell the property, and use the money from the sale to pay off the mortgage debt.

Now It's Too Late to Turn Back.

Day 103. Service of Process Begins.

Approximately 103 days after the first missed payment, the mortgage company has started the foreclosure process, and the law firm representing the mortgage company has filed a lawsuit asking the Judge to seize the home and sell it to pay debts. The Complaint filed with the Clerk of Court a few days earlier is returned to the law firm for Service.

Service is how a Complaint in a lawsuit is delivered to the defendant. Service is typically made by a process server, or by a Sheriff's deputy, but it can also be made other ways, such as through publication in a local newspaper if the homeowner cannot be found.

A process server or deputy Sheriff will attempt to serve the homeowner with the foreclosure lawsuit. Usually they will knock on the door of the homeowner's home and attempt to physically hand the lawsuit to the homeowner/defendant.

Day 103-120. You've Been Served.

Once the process server or deputy Sheriff formally serves the homeowner (now the defendant), time starts running out. Florida rules of court require that the defendant in a lawsuit file an Answer within 20 days of being served.

Days 120-140. Time is Running Out.

The homeowner/defendant begins to panic. Not knowing what to do, he or she might call the mortgage company and ask for help. The customer service person answering the phone at the mortgage company might offer a repayment plan or a way to work things out to avoid foreclosure. They take information from the homeowner/defendant, perhaps fill out some forms, and submit it to some unknown department for approval. This takes time. Meanwhile, the clock continues to run down.

Day 140. Default Judgment.

It is now 20 days after being served with the foreclosure lawsuit, and approximately 140 days after the first missed payment. Under the Florida court rules, if the homeowner/defendant has not filed an Answer or other pleading, the mortgage company is now entitled to a default judgment which means they win by default because no Answer was filed. The homeowner/defendant might still be trying to work something out with their mortgage company. But the mortgage company hasn't informed their law firm of this, and the law firm continues to push ahead. About this time, the law firm will ask that a Default Judgment be entered against the homeowner/defendant.

Day 140 to 200. Motion for Summary Judgment.

A Default Judgment has been entered against the homeowner/defendant, and now approximately 140 to 200 days after the first missed payment, the law firm representing the mortgage company files a Motion for Final Summary Judgment. They mail this to the homeowner/defendant, along with a Notice of Hearing scheduling a hearing on their motion for 20 days from now.

Day 160 to 200. Summary Judgment.

The law firm for the mortgage company has scheduled a hearing on their Motion for Final Summary Judgment. This is approximately 160 to 200 days after the first missed payment. 20 days earlier they filed a motion asking the Judge to force the homeowner/defendant out of their home. Today is the hearing. The mortgage company probably does not have the proper documents, probably does not have the proper proof, probably does not have the legal right to foreclose. But because the homeowner/defendant does not show up, and is not represented by an attorney, the Judge grants Final Summary Judgment, orders the Sheriff to seize the home, and orders it sold within 20 days.

Day 180 to 220. Eviction.

Sherriff deputies show up at the door with a moving company. All the homeowner/defendant's furniture, clothing, possessions and belongings are moved to the curb. The locks are changed. The homeowner/defendant is now foreclosed and evicted. This occurs within approximately 6 to 7 months of the first missed payment.

DO NOT LET THIS HAPPEN TO YOU. Homeowners have legal rights in Florida to defend themselves. But if you don't have an aggressive attorney fighting for you, you can give up your rights and you are left at the mercy of the mortgage company's lawyers. Talk to an experienced attorney at the Byrne Law Group today by calling 813-413-6565 right now or complete the form.

Don't Wait Until It's Too Late.