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JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience:  Attorney in the practice of Bankruptcy Law since 1996
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I received a Motion and Request for Default from the Law Firm

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I received a Motion and Request for Default from the Law Firm who is foreclosing on my home in Florida. What dose this mean and how long do I still have before they take my house.Also what would be the next thing I would have to expect from them? I don't have a l Attorney yet should I get one now or wait for the next step?
A Motion for Default Judgment means that the lender that is foreclosing is requesting judgment against you since you failed to timely respond to their lawsuit in writing to the court.

If the court grants their Motion for Default Judgment, which the court normally does, then the lender will have a judgment against you and then they will schedule a foreclosure/sheriff sale of the home in the next couple of months.

If you want to stop the foreclosure sale, common options include either (1) modifying the mortgage with the lender before the foreclosure sale, (2) refinancing the property with another lender before the foreclosure sale, or (3) filing Chapter 13 bankruptcy before the foreclosure sale.

You should be sure and check with the court from time to time to see if a foreclosure sale has been scheduled so you know when your deadline is to do something to stop the sale.

If you elect to file Chapter 13, you have to have a regular source of income with which to pay the mortgage and fund a Chapter 13 Plan, and the Chapter 13 Plan has to be enough to cure the mortgage arrearage over 3 to 5 years, plus trustee fees, attorney fees, etc.

Good luck,

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