A foreclosure is defined in the state of Florida as a legal process in which a lender uses the courts to force the sale of real estate property as payment for a debt or mortgage that the borrower defaulted on by failing to meet the repayment terms contained in the loan agreement and promissory note.
This usually happens after the borrower has missed three to five payments in a row. The lender (bank) will foreclose on a property in hopes of getting the homeowner to resume making payments on the loan. Getting you to start making your monthly mortgage payments is their main goal.
If this doesn’t happen, the bank will obtain judicial sale or possession of the property so that the property can be sold to reduce the amount of the loan balance. This is a last resort for the bank. Lenders would rather have your money instead of your house.
If you have been served a summons from your lender, YOU MUST ACT IMMEDIATELY. The biggest mistake many homeowners make is that they either don’t respond, or they respond too late. You have options, but you must file a response to get more time. You have 20 days from the time you are served to file a response, or the foreclosure process will begin, and you could lose your home in as little as 90 days if you can’t pay off your entire loan amount.
A foreclosure action is a civil lawsuit. This means that you the homeowner are the Defendant and the bank is the Plaintiff. The bank must come up with admissible evidence to prove that you the homeowner defaulted on the loan. It must also prove that all legal formalities were complied with and the note was properly assigned and recorded each time the mortgage was transferred. This can be a tricky process for the bank, but a good thing for you the homeowner.
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