YOU HAVE ONLY 20 DAYS!

After the foreclosure complaint is filed, it must be served upon the homeowner and any other named defendants. In addition to the homeowner, the lender/processer will usually name any known or unknown tenants, as well as any other entity with a lien or interest in the property. Service of Process is the actual delivery of a copy of the complaint and summons by a process server or sheriff to the homeowner. Additional defendants may include the holder of a second mortgage, home owners or condominium association (HOA), any bank issuing a home equity line of credit (HELOC), contractors with liens against the property, and even local or county government to whom taxes or fines are owned.

After the process server or sheriff serves the complaint upon the Defendant the process server files a notice of service of process with the Court. Once the homeowner or other defendant is served, they have twenty days to file an answer or a motion to dismiss. If the Defendant/homeowner does not respond to the complaint within twenty days after being served, the Plaintiff/lender can move for a default. A default is the legal equivalent of losing a sporting event by forfeit. A default does not occur automatically merely because the homeowner fails to file an answer, rather it only occurs after the Plaintiff moves for default. As such if the Defendant fails to file an answer within twenty days but files an answer before an order of default is issued then a Defendant will be able to avoid default.

You cannot afford to do nothing. Just because it has been twenty days since you were served does not mean that a default has been entered against you. Attorney John M. Howe will explain to you how you may still have time to:

If your answer is overdue but you have not been defaulted our firm will take immediate action on your behalf usually within twenty-four hours of the firm being hired.

Contact South Florida Foreclosure Defense Attorney John M. Howe

South Florida business law Attorney John M. Howe provides cost-effective legal services for business and asset purchases, as well as a variety of other commercial issues. Attorney John M. Howe has helped many potential and current business owners solve problems now and avoid problems in the future. From his office in West Palm Beach, Florida, Attorney John M. Howe serves the South Florida region, from Vero Beach to the Florida Keys.

Contact us to discuss your business and asset purchase with an experienced business and corporate law attorney, or call us at 561-296-7772 or toll-free at 866-930-2938.

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