The litigation portion of the Florida foreclosure process typically begins with a lender recording a “lis pendens” on the public records of the county in which the property is located. The lis pendens puts the public on notice that the lender or servicer plans to commence an action against the property in the near future. Then, once the bank or servicer is ready to begin the in-court proceedings, they will have to file a complaint, issue a summons, and serve all defendants with a copy of their filings.
The first step of the Florida foreclosure process, serving all defendants with a summons and a copy of the complaint for foreclosure, provides Florida Foreclosure defense attorneys with opportunities to attack the bank’s proceedings. First, banks and servicers occasionally fail to provide all necessary information on the summons handed to homeowners. Second, banks and servicers sometimes claim they have complied with all applicable regulations of service, such as physically handing a copy of the documents to the homeowner, when they have actually failed to do so. Third, banks and servicers have occasionally claimed to be unable to locate homeowners, when a most basic search of the public records would reveal the homeowners’ alternate address.
When banks and servicers fail to comply with applicable law regarding serving homeowners a summons and complaint, experienced foreclosure defense attorneys like those at King, Nieves & Zacks can attack the bank’s right to continue proceedings. At each step of the foreclosure process, the attorneys at KNZLaw will ensure that the bank or servicer has complied with applicable law. The Florida foreclosure attorneys at KNZLaw have been involved in high-profile, precedent-setting foreclosure cases regarding service of summonses and complaints.
Our desire to make banks and servicers comply with all applicable laws is geared towards giving our clients the most leverage possible when negotiating a settlement. Do not make the mistake of going to a firm where your work will be pawned off on inexperienced associates or unlicensed paralegals. The foreclosure defense attorneys at King, Nieves & Zacks have firsthand knowledge of the issues presented at the beginning of the Florida foreclosure process and will be happy to speak with you directly.