One of the most common questions a Florida foreclosure defense attorney receives is “What is the timeline of the Florida Foreclosure Process before a lawsuit is filed?” The short answer is, there is no uniform time frame of falling behind on mortgage payments that will trigger a lawsuit. After handling hundreds of Florida foreclosure lawsuits, our opinion is that the shortest time frame in which a foreclosure lawsuit will be commenced is around three months. On the long end of a time frame estimate, we have seen cases where homeowners fall behind for 6 months or much longer before the litigation process begins. Of course, there are outliers in either direction.
Academic research suggests that a lengthened foreclosure process can help homeowners bolster their financial resources in order to prepare for settlements with banks or servicers, such as a loan modifications or deeds-in-lieu of foreclosure. This is undoubtedly true for the pre-litigation stage of the foreclosure process as well. Secondly, the pre-litigation period is a good time period to consider your legal options to have a plan set in place should a foreclosure lawsuit be filed against you. Finally, the pre-foreclosure process may be used to pursue settlement without the possibility of the bank or servicer racking up legal fees against you that they may try to charge for when litigation begins.
Having handled hundreds of foreclosure cases, the attorneys at KNZLaw are happy to discuss the foreclosure process with you and to discuss the full range of options you have, even before a lawsuit is filed. Some law firms will refuse to meet with you, to discuss your case, or to handle your matter until a foreclosure lawsuit is filed. At KNZ, we have assisted homeowners before litigation and believe that being proactive is the best foreclosure defense.
At the very least, meeting with a foreclosure attorney at King, Nieves & Zacks will provide you with the knowledge of all of your settlement options and all of the facets of the foreclosure process. Your mind will be put at ease knowing we are ready and able to assist you in your matter should litigation come to pass. Be sure to ask any law firm you are considering whether the named partner in the firm will actually be handling your work, rather than an inexperienced associate or an unlicensed paralegal. At KNZ, our commitment to our clients is that all work will be handled by one of the name partners of the firm, rather than unlicensed surrogates or inexperienced associates.