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When homeowners default on mortgage payments, at some point, the
lender begins foreclosure proceedings. In Florida, foreclosures
have to be done through the courts, so the lender initiates a
lawsuit against the homeowner and anyone else who might have any
interest in the property (e.g. homeowner's association, spouse,
tenants).
First, it is important to understand that once the complaint
has been served on the homeowner, time is of the essence. In
other words, anyone in this situation should contact our office
as soon as possible in order to preserve their legal rights and
available options. Unfortunately, when homeowners delay at this
stage, they risk losing options that would otherwise have been
available.
Second, please be aware that only an attorney can defend you
against foreclosure proceedings (i.e. not loan modification
specialists, mortgage brokers, etc.), and taking on the bank by
yourself is a bad idea for many reasons. Homeowners are
encouraged to reference the articles HLA attorneys have
published on this topic (see "Related Articles" in the
right-hand margin) and/or to contact our office
for more information about preserving rights and devising the
best strategy for the individual situation.
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