There are two major types of foreclosure: judicial and non-judicial. The process used is determined by each individual state. In Florida the judicial process is used. This is fortunate for homeowners because it means the lender must file a lawsuit against the homeowner in order to foreclose upon them, which is generally harder and more time-consuming than the non-judicial process. Here is a quick summary of how this foreclosure process usually proceeds.
- The lender files a lawsuit – Summons will be issued to interested parties (person/people to whom the loan was issued).
- The defendant provides an answer to the suit – The defendant has twenty days from the date he is served a summons to provide this answer. In the answer the defendant will refute or admit to the allegations brought against him in the suit. It is critical to provide an answer in the given time frame. If the defendant does not provide an answer they will automatically be in default.
- Discovery – During the discovery stage the facts of the case will be discovered. Both lender and defendant will attempt to determine the facts surrounding the dispute. Usually this involves the presentation of documents, the answering of written questions, and/or sworn testimony in the presence of a court reporter.
- Summary Judgement – A party to the lawsuit can make a request for summary judgement. If summary judgement is entered victory is granted to either the defendant or the plaintiff. This occurs when there is no perceived need to go to trial because none of the important facts relevant to the case are in dispute.
- Trial – If no summary judgement is granted, the case will go to trial. Plaintiff and defendant must present evidence and testimony to attempt to win the case. The Trial will be concluded with a decision by the judge.
Oftentimes it is desirable to dispute a case even if you are certain you cannot win. If the lender wins the court will set a date and the home will be sold at auction. This auction may take place in less than 90 days from the time of the summons if the homeowner defaults without dispute. Conversely, in disputed cases it can take many months or even years before the defendant can be evicted.
For help with your foreclosure, contact us at Johnathan Kline P.A. We specialize in foreclosure defense services, and can help you achieve the best possible outcome in your foreclosure proceedings.
