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Foreclosure Attorney C.W. Franklin
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Your answer must go to 2 places:
You will want to search for your county’s clerk of court. So in our case we searched:
In the foreclosure summons you should see the Clerk of the Court at the top corner or top right corner in capital letters. Usually you can look them up online. So in the example case below we used above you can see the Clerk of the Court was The 9th Judicial Circuit In and For Osceola County.
If you file a response incorrectly, you can completely ruin your only chance to properly defend your home. A botched foreclosure defense can speed up the foreclosure process leading to home loss in a few short months.
Shortly after you file an answer, the court will contact you with any hearings scheduled for your case. You or your attorney will then have to attend the court hearing to defend your case.
You should be able to find the phone number and address for the plaintiff’s attorney in the last part of the foreclosure summons. It is usually located under their attorney’s signature.
If the foreclosing party had a blatant error in the summons (required documents missing, improperly served, etc) you may be able to file a motion to have the law suit thrown out. If you file an answer right away you are agreeing to fight the foreclosure case. Why fight the foreclosure if you can just have it dismissed? The longer you are able to keep the case from going to trial the more leverage you can create to use against the bank.
An attorney will usually be able to determine if the foreclosure complaint can be thrown out or not.
Consider This: Did you even need to respond to the summons?
We break down foreclosure procedures into simple to understand terms. Begin here to learn basic steps in foreclosure and what you might be able to do to stop it.
Here is how to respond if you get served a foreclosure summons. (What happens when a foreclosure lawsuit is filed against you)
Find out why the average homeowner generally does not have the resources available to defend against foreclosure without an attorney.
Answer 3 quick questions to see if you have a foreclosure defense case.
You will need to locate the county clerk of court where the foreclosure lawsuit was filed. They usually will have a website where you can file electronically.
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA
BIG BANK MORTGAGE CORPORATION,
CASE NO. ####AA 807MF
VERIFIED COMPLAINT FOR RESIDENTIAL FORECLOSURE
Comes now, the Plaintiff, BIG BANK MORTGAGE CORPORATION by and through the undersigned counsel, and hereby sues Defendant, alleging:
COUNT ONE: FORECLOSURE
1. This is an action to foreclose a Mortgage on real property located at (Your properties address) in OSCEOLA country.
2. The subject Promissory Note (“Note”) dated November 3, 2011, was executed and delivered to Plaintiff or Plaintiff’s predecessor in interest. The Subject Mortgage securing payment of the Note was recorded on or about November 21, 2011, in Official Records Book 4203, at Page 428, of the Public Records of Osceola County, Florida, and mortgaged the subject real property then owned by and in possession of the mortgagor(s)., A copy of the subject Promissory Note and Mortgage are attached hereto and incorporated herein.
3. The Mortgage of the Plaintiff is a lien superior in dignity to any prior or subsequent right, title, claim, lien or interest arising out of mortgagor or the mortgagor’s predecessors in interest.
4. Plaintiff is the holder of the Note and entitled to enforce the terms thereof as Plaintiff is in possession of the original Note payable to Plaintiff as the original lender.
5. JOHN DOE has defaulted under the covenants, terms and agreements of the Note in the payment due September 3, 2013, and all subsequent payments have not been paid.
Here is the phrase you will want to search for. You will be looking for the official clerk of court website.
A simple Google search pulls up http://www.osceolaclerk.com/ where you can electronically file your answer. Your county may be completely different. Their website should explain how to electronically file your answer. If you are unable to figure that out there should be a phone number listed that you can call.
Who Should Your Answer Go to?
Plaintiff requests that the Court ascertain the amount due Plaintiff for Principal and interest on the Note and Mortgage and fore late charges, abstracting, taxes, expenses, and cost, included attorney’s fees, plus interest thereon; that if the sums due Plaintiff under the Note and Mortgage are not paid immediately, the Court foreclose the Mortgages and the Clerk of the Court sell the Property securing the indebtedness to satisfy Plaintiff’s mortgage lien in accordance with the provisions of Florida Statues §45.031 (2006): that the Court retain jurisdiction of this action to make any and all further orders and judgments as may be necessary and proper, including the issuance of a writ of possession and the entry of a deficiency decree, unless any Defendant personally liable is discharged from liability pursuant to the provisions of the Bankruptcy Code, 11 U.S.C § 101, et, seq.
Under penalty of perjury, I declared that I have read the foregoing Verified Complaint for Residential Foreclosure, and the facts alleged therein are true and correct to the best of my knowledge and belief.
BIG BANK MORTGAGE CORPORATION BY
LOAN HELPERS, A DIVISION OF
FINANCIER SERVICING, INC NKA
LOAN HELPERS, LLC AS ATTORNEY
IN FACT UNDER A LIMITED
POWER OF ATTORNEY
Super Bank Attorneys LLP
Attorney of Plaintiff(s)
151 Sue You Ave.
Orlando, FL 32801
PLEASE NOTE: 15. U.S.C. §1692(G) (d) OF THE FARE DEBT COLLECTIONS PRACTICES ACT PROVIDES:
(d) Leal pleadings. A communication in the forum of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsections (a) of this section.
This is the address of the foreclosing party’s attorney. You will send a copy of your answer here as well as the county’s clerk of court
Created by Attorney Michael Stites & contributing editor Jared Speck
Consults are free, even if you are asking general foreclosure questions.