Before examining your substantive defenses to foreclosure, your attorney should discuss with you the various defenses that have emerged in the pre-foreclosure process. These include deficiencies in notices of acceleration, problems with service of your lawsuit, and errors in pre-foreclosure debt collection letters. These preliminary aspects of the foreclosure process in Florida are discussed on our News and Notes tab.
After determining whether any procedural hurdles for the bank or servicer attempting foreclosure exist, the next step in the Florida foreclosure process is to determine what responsive pleading you will file. In layman’s terms, this means your attorney can bring a number of different motions against the bank or servicer, including: a motion to clarify the allegations of the bank, a motion to force the bank to amend its pleading, a motion to dismiss the bank’s case, and/or an answer to each and every allegation the bank has asserted.
No uniform rule exists to determine what perfect responsive pleading should be filed on your behalf. Most times the decision of which pleading to file on your behalf will depend on the deficiencies in the bank or servicer’s complaint against you. These deficiencies can include inconsistent or missing allegations, allegations that conflict with the documents attached to the complaint, missing documents in the chain of title from your original lender to the current foreclosing entity, failure to join necessary parties to the lawsuit, and many more.
Much of the perspective needed to make the best decisions about litigation strategy is based on experience. At KNZlaw, you can discuss your case with an attorney who has handled hundreds of foreclosure cases. Our attorneys have been cited nationally for their work in foreclosure defense and have routinely taught attorneys nationwide how to defend against foreclosures. The experienced Florida foreclosure attorney you will meet with will be uniquely able to explain the vast array of defenses that may exist in your case.
Further, we can explain the various litigation tactics we can use to assert those defenses in court to give you the best possible leverage for an optimal settlement and to attempt to dismiss the bank’s case against you. At KNZ Law, our promise to you is that we will never pawn your work off on unlicensed paralegals or inexperienced associates. You will always be able to talk directly to your experienced foreclosure attorney, and we will dedicate the time and energy needed to litigate and attempt to settle your case, not just to merely continue your case in perpetuity without your strategic goals in mind.