Legal Question in Bankruptcy in Florida

if I am in foreclosure and they sent me a civil action summons from the mortgage company would I have to go to court? and if so would I have to pay my mortgage what I owe?

Asked on 8/22/09, 8:46 am

1 Answer from Attorneys

Stephen Berlinsky The Berlinsky Law Firm, PA

1. You have 20 days to respond to the summons. In a mortgage foreclosure you generally are not complelled to appear in court.

2. Even if you have not made mortgage payments there may be a legitimate defense that can be raised which during the pendancy of the court action would allow you to remain in possession of the home until a judge orders the sale of the house as a result of a foreclosure judgment.

3. If you go to court even without a defense and ask for more time to stay in the home most judges will delay the foreclosure sale from the normal 30 day period to 60 to 90 days.

4. A foreclosure judgment is not a money judgment which can give rise to collection or garnishment activity, they have to go a further step and ask the court to determine that the home on the date of the foreclosure sale was worth less than the foreclosure judgment and that they are entitled to a deficiency or personal money judgment against you.

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Answered on 8/22/09, 11:56 am

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