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My mom who is 80 years old and living on social security,

Good afternoon, my mom...

Good afternoon, my mom who is 80 years old and living on social security, made a private mortgage 20 years ago on property in Florida. The party stopped making payments 6 months ago. Is it possible for my mom to petition for foreclosure? As she can't afford an attorney.

Lawyer's Assistant: What steps has your mother taken so far? Has she prepared or filed any paperwork?

She tried talking with the gentleman about lowering the interest rate , the payments making all kinds of offers. But he has not responded. When we did get to talk with him, he was very abusive. So I paid a paralegal to send a notice and to start foreclosure process.. she did send the notice but now I can't get ahold of her anymore. So all that has been done I guess is the service of non compliance.

Lawyer's Assistant: Have they talked to a FL lawyer about this?

Yes, he want $5000. down to start. I was hoping to maybe be able to file ourselves.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I think that is all

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Answered in 1 hour by:
5/14/2018
Jessica B
Category: Real Estate Law
Satisfied Customers: 1,837
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed Florida attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

When the borrower fails to make the payments as promised, the mortgage lender will file a civil action Complaint against the borrower by sending the borrower a written Notice of Default. Basically, this notice means the borrower has defaulted on the signed contract – the mortgage agreement – on the home. The Notice of Default marks the beginning of the foreclosure timeline. All in all, the typical timeline for foreclosure in Florida for people who do not hire a knowledgeable foreclosure attorney is approximately 6 months.

The first legal action the lender will take is to file a Summons and Complaint with a ‘lis pendens.” Lis Pendens is Latin and means “Litigation Pending.” The Lis Pendens declares that the mortgage lender has sued the borrower and intends to take the home. This paperwork is filed by the lender in the County Courthouse and is recorded in the Public Records.

Once the borrower receives the summons and complaint, they will have 20 days to respond to it. They may file an Answer with the Clerk of the Circuit Court. This Answer should be a legally acceptable response to the charges that have been filed against the borrower in the Complaint. Each defendant must serve a separate Answer unless represented by counsel.

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Next in the timeline for foreclosure is the preliminary hearing. You state your case and the judge will rule what to do next. If the borrower has a legitimate Answer, the judge may ask the lender to allow time to work things out. If the Answer was not sufficient, the judge will rule for the lender and the foreclosure will go forward.

If the borrower did not file an Answer within the 20 day timeframe – or if the judge rules against the borrower at the hearing – the lender may set a Motion for a Summary Judgment Hearing. This hearing will be before the judge, and will happen within a few days or weeks.

During the Summary Judgment hearing, the lender will make the case against the borrower. The borrower may testify to dispute materials facts in the case.

The amount of money the lender claims will be added up against the borrower and put into a Final Summary Judgment, containing all damages including the principal, interest, penalties, court expense and attorney fees.

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Customer reply replied 3 months ago
I understand what you have said, we have already sent the default letter. I guess what I need to know is how can I obtain the forms to file a petition to foreclose? Or what would be the cost to have a legal fill the forms for me to file?

Here is a sample you may follow to prepare the Petition for Foreclosure:

https://floridarules.net/civil-procedure/form-1-944a-mortgage-foreclosure/

Jessica B
Category: Real Estate Law
Satisfied Customers: 1,837
Experience: Attorney at Donald B. Linsky & Associates, PA
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