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They are late in their mortgage payments, and one day, they receive a foreclosure notice in the mail. At this moment, it is crucial that you contact Orlando, FL foreclosure defense attorney Walter F. Benenati. By having an experienced Florida foreclosure lawyer on your side as soon as possible, you have a better chance at saving your home.
The Foreclosure Process
By the time the foreclosure notices have been sent, the homeowner is usually around three to nine months late in payments. The process is usually as follows:
- The Complaint, or “Lis Pendens”: 30 days after the demand letter is sent to you, the lender will refer the loan to an attorney to file a foreclosure action. The attorney will also file with the County a “Lis Pendens”, which is a notice that there is a lawsuit being filed affecting this property.
- Service: Once the Complaint is filed, you will be served with the official notice that the foreclosure has been filed and you are under the personal jurisdiction of the court. This is usually completed within 30 days of the filing of the Complaint.
- Default: After service of the Complaint and summons, you have 20 days to file a response. If you do respond, you can hire an attorney to raise a defense, try to dismiss the case, request documents and information from the bank to fight this process. This is where Florida foreclosure defense Attorney Benenati can help you.
- Motion for Summary Judgment: The bank will file its Motion for Summary Judgment, which is a request to the court to award them the right to sell the property to collect the amount due them.
- Hearing on Motion for Summary Judgment: There must then be a hearing to determine the outcome, which occurs anywhere from 90-150 days from the date of filing the Complaint if the case is uncontested. But you will contest it. Kissimmee foreclosure attorney Walter F. Benenati will work hard to fight back against the banks and lenders, doing everything within the power of the law to help you keep your home.
- Foreclosure Sale: If the judgment is granted to the bank’s side, then the clerk sets a foreclosure sale, which takes place anywhere from 30-200 days after the judgment.
- Transfer of Title: Ten days after the sale, if no objections to the sale are filed, the clerk issues the title to the party that purchased the property at the foreclosure sale.
Call Walter F. Benenati Today
This does not have to end this way. Contacting the Benenati Law Firm is the best way to avoid losing your home. Serving Orlando and Kissimmee, Florida, Attorney Benenati will work tirelessly to protect you from falling victim to the banks. Call him today at 407-777-7777 to begin the process of saving your home.
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