Frequently Asked Questions – Foreclosure In Miramar
How do I answer a foreclosure lawsuit?
If you intend to represent yourself in a foreclosure, generally speaking, you must file an answer within 20 days of being served with the lawsuit. At a minimum, a paper titled “Answer” should be filed with the clerk of court within the 20 day period. That paper should state your defenses (including any affirmative defenses) and responses to all of the Plaintiff’s allegations in the lawsuit.
What is a deed in lieu of foreclosure?
A deed in lieu of foreclosure is an agreement between the mortgage holder and the homeowner to do a transfer of ownership to the bank rather than proceed with a foreclosure lawsuit. Although this is a good alternative to lengthy litigation, it may not be advised if there is a significant equity on the property. Bruce Jacobs can help you weigh your options and decide if a deed in lieu of foreclosure is the best choice for you.
What is a deficiency judgement?
A deficiency judgment happens when your property is sold for less than the amount you owe on your loan. In Florida, the note holder may ask the court to enter a judgment against you for this deficiency. Normally, deficiency proceedings are filed within the same lawsuit. However, some debt collectors will file a separate lawsuit to collect a deficiency. The law recently changed, limiting the period a party may sue on a homestead deficiency to 1 year.
What if I don’t leave my property after the foreclosure?
After the foreclosure sale, the winning bidder at the sale will request a writ of possession. Once a writ is issued, it is delivered to the sheriff who will then come to the property and force you to leave. Normally, the sheriff will make you leave immediately, or give you a few hours to vacate. If you don’t leave voluntarily, the sheriff will forcibly remove you and your possessions by placing your belongings on the front lawn or in the street.
Do I need a lawyer for my foreclosure?
If you are battling a foreclosure in Miramar, Bruce Jacobs will work endlessly to protect your rights and save you time, money, and frustration.
Get A Free Case Evaluation – Call (954) 986-6446
Contact Bruce R. Jacobs to find out how he can help you. You can contact him by phone at (954) 986-6446 or by e-mail through this web site to schedule an appointment and learn more about your rights. He offers a free initial consultation.