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20-Day Rule in Gainesville

About the 20-Day Rule for Florida Foreclosures

As soon as you miss a mortgage payment, you know that you have gone into default and will be spending the ensuing days and weeks apprehensively waiting to find out what will happen. This anxiety persists until the day when you open your mail and find that the bank has sent you a copy of the lis pendens, a complaint and a summons to appear in court. You are now being sued by the bank in a judicial foreclosure, and the clock has begun running down towards the moment when the bank may be able to repossess your home.

Under Florida state foreclosure laws, you have only 20 days to develop a defense to the bank's foreclosure lawsuit. If you fail to respond before the 20-day period runs out, the bank can then go to court and win a default judgment against you, which makes it possible to then foreclose on the property and force you out of the house. You must file an answer to the lis pendens and complaint in order to prevent this outcome. The answer consists of your repudiation of the bank's claim of the right to foreclose, and it requires that you supply evidence that the case is without merits. Once you file your answer, the court will set a date for a hearing at which both sides will present their case and the judge will rule on the matter.

Contact a Gainesville Foreclosure Defense Lawyer Before Time Runs Out

Contact us at The Law Offices of Justin McMurray, P.A. as early in the process as possible, whether you have already received the lis pendens, complaint and summons, or if you have just defaulted on your mortgage. We have more than a decade of experience and a proven track record of success in helping individuals and families to defend their homes. Take the first step now by filling out our free case evaluation form so that we can review the situation and begin working on a strategy for you.

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