Not Answering Summons and Complaint Made It Easier for Wells Fargo to Set Foreclosure Sale Date

In late 2016 our firm was retained by a homeowner I'll call Juan Wilson to protect his privacy. Juan owned a home in Orange County, Florida. A truck driver, Juan encountered financial difficulties and prioritized payment on his truck over his home, defaulting on his mortgage in 2015.

There's a saying that goes “you can sleep in your car, but you can't drive your house to work.” That was doubly true of Juan since he made his living with his truck, and without it he wouldn't have the income to pay any bills.

Not paying his mortgage may have been the lesser of two evils, but it came with serious consequences. After not receiving their mortgage payments Juan's bank, Wells Fargo, started trying to foreclose. He was served with a summons and complaint in April of 2015 and made the mistake of not responding to it or raising any defenses.

Florida Supreme Court Ruling Could Increase Foreclosures In State

The Florida Supreme Court has issued a ruling that could increase the number of foreclosure actions brought against homeowners in the state.

According to the Florida Bar News, as a result of the state Supreme Court's November 3 ruling,“Lenders who have had a foreclosure suit dismissed can bring new action if the borrower continues to default after the dismissal and the case is brought within five years of nonpayment.”

The ruling had to do with the statute of limitations provision in Florida that says foreclosure on a mortgage has to be brought within five years of the borrower defaulting on payments.

You Could Be In Foreclosure And Not Even Know It

Many homeowners find that something strange happens when they stop paying their mortgage: nothing much. After missing payments they get letters from their bank telling them that they have to pay up or else lose their home. They don't pay because they can't, but still nothing happens for a long time.

Some homeowners go many years without making a payment, falling behind by tens or hundreds of thousands of dollars, and yet their house isn't sold at a foreclosure auction, the sheriff doesn't tell them to vacate the premises, and they're not thrown to the curb. Sometimes the collections calls even stop!

However, just because nothing seems to happen doesn't mean that the gears of foreclosure aren't turning or that the bank forgot that your loan isn't performing for them. Rest assured that they haven't forgotten about you and the money you owe them.

Is Your Home Free If You Don't Pay Your Mortgage for 5 Years?

We've heard all types of questions from our clients, but one question that we're hearing often is this: "can my mortgage be canceled if I don't make my mortgage payments for 5 years?" Some foreclosure defense lawyers and "foreclosure rescue" companies have been advertising that Florida homeowners can get out of foreclosure by not paying on their home for 5 years, and homeowners aren't sure whether to believe these claims or not.

In fact, Florida law does state that there's a 5 year statute of limitations on foreclosures (technically on promissory notes). Although this may seem straightforward enough, it gets a bit complicated when you delve into the specifics of the law.

Steps to Avoid Foreclosure in Florida [Infographic]

Florida has one of the highest rates of foreclosure in the country. The state has a foreclosure process that is judicial. The lender must file with the court to take possession of the property. If you're in foreclosure or in fear of foreclosure, there are several steps you can take to either prolong the process or stop foreclosure in Florida.

[fa icon="clock-o"] Friday, September 6, 2013 [fa icon="user"] Jake Sterling [fa icon="folder-open'] florida foreclosure process, florida foreclosure attorney

Florida Foreclosure Case Management Conferences

If you’re a homeowner who’s behind on your mortgage payments and in foreclosure in Florida, you may be scheduled for a case management conference. What is a case management conference and where does it come into play during foreclosure proceedings?

When Payments Fall Behind

The prospect of facing the foreclosure process in Florida can be a scary one. Most homeowners try to stall the foreclosure process by first seeking out loan modifications.

Foreclosure Process in Florida

Defending your home against foreclosure in Florida can be complicated and scary. If you've been served foreclosure papers, chances are you're looking into foreclosure defense in Florida. Only a licensed foreclosure lawyer can help you stay in your home and discuss your foreclosure options. Keep a list of questions to ask your foreclosure defense lawyer. In the meantime, we'll let you know what you can expect in the foreclosure process:

30 Days past due: If you haven't paid your mortgage in at least 30 days, your lender may report this to the credit bureau. Your credit report is now showing a mortgage deficiency and chances are you will be served foreclosure papers in the future if you are unable to get in touch with your bank.

Foreclosure and Loan Modification Blog

Not Answering Summons and Complaint Made It Easier for Wells Fargo to Set Foreclosure Sale Date

Florida Supreme Court Ruling Could Increase Foreclosures In State

You Could Be In Foreclosure And Not Even Know It

Is Your Home Free If You Don't Pay Your Mortgage for 5 Years?

Steps to Avoid Foreclosure in Florida [Infographic]

What to Expect From a Foreclosure Case Management Conference

Florida Foreclosure Case Management Conferences

When Payments Fall Behind

Foreclosure Process in Florida

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