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As a chapter 7 lawyer who deals with Altamonte Springs foreclosure, people are always asking me how they know if their house is in foreclosure. That’s why I made the above video and it’s why I want to further explain now.
Why? Because it’s one thing to list the kinds of documents that you should find when you are served, but another thing altogether to describe them in further detail so that you know what you’re looking for.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
A Chapter 7 Lawyer Breaks Down Service and Foreclosure Documents
Banks send confusing documents to people all the time, and if you’ve been late on your mortgage payments for a few months, it is only natural to worry that every letter from them might be the formal announcement that they are foreclosing on your home. Worse, banks can be tricky with how they word things so that many people think they are in foreclosure long before they actually are.
How do you know if you are being served with a foreclosure lawsuit? Look for specific information. If it is still not clear, contact a chapter 7 lawyer for a plain language explanation of your foreclosure documents.
Summons. In order for the bank to foreclose, they have to serve you with official court documents. This paperwork includes the Summons, which explains that you have 20 days from the date that you are served to file a response with the court. Most likely you will be served by an actual person handing them to you; otherwise you are “constructively” served by certified mail. In this case, the documentation will contain a Notice of Action letter with the copy of the lawsuit. This letter is also a court document.
Foreclosure Complaint: Along with the Summons is the foreclosure Complaint. The complaint contains a list of plaintiffs (lenders) and defendants (you); case number, title, demands for relief, certificate of service, and a signature block. Don’t ignore the Summons and Complaint – be proactive, and seek the advice of a good Chapter 7 lawyer to help you properly respond.
Allegations. A foreclosure is a legal action. In order to foreclose on you, the bank has to say what you have done wrong. But they can’t just say, “We’re foreclosing because you’re not paying.” The language is much more formal and full of legalese. Moreover, it should be broken down into a list of complaints against you.
Court information. The Summons and Complaint will have the circuit court information and a case number. Documentation will contain important information about the lawsuit, including the claims made by the lender and directions for you to follow. These are all indications that your foreclosure is in the hands of the court.
Talk to a Chapter 7 Lawyer if You Are Still Not Sure
If you still have doubts, you are certainly not alone. Florida foreclosure documents can be confusing and misleading even at the best of times, and if you’re already panicked about losing your house, you may not be in the best frame of mind to assess the paperwork rationally. Don’t carry this burden alone. Find a chapter 7 lawyer you trust today and get his or her expert opinion.
Get Help with Legal Issues Now! - Call 855-Kramer-Now (855-572-6376)
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