Can I dispute a foreclosure action on my home? The answer to that is yes you can. In Florida we are a judicial foreclosure state, which means that the person who holds your mortgage, must file a lawsuit called a mortgage foreclosure action against you and you will be served with the papers. That is usually done by a process server. The summons provides that you have 20 days in which to respond. That is the best time to engage an attorney and to file a response. That is how you dispute the mortgage foreclosure action in the event that there is some allegation in the complaint that is not correct.
So if you want to dispute it and try and save your home, the courts have set up what they call mediation. And you can take advantage of mediation once you receive the summons and ask the court to send you to a mediator which will be automatic. If you want to participate in mediation to try and resolve the foreclosure action, you need to file certain paperwork such as your financial statements to send to the lender. If the foreclosure action is just flat wrong and you have made all your payments and you are not in default well then the attorney would file an answer to the complaint. I think that you would be well served by hiring a lawyer to handle this because you are governed by the rules of civil procedure and it would be an expense to you. But that’s the best way to bring forward any defenses you have to a mortgage foreclosure action.
So the best time to defend a mortgage foreclosure action as soon as you receive the summons which has attached to it the mortgage foreclosure complaint. We do any number of foreclosure defense cases and attempt to get mortgage modifications, participate in mediation as well as defend and try mortgage foreclosure cases to try and save your home for you.
If you have any questions, give me a call at 727-847-2288.