How to Answer a Florida Foreclosure Complaint
A foreclosure in Florida begins when a mortgage company files a formal foreclosure complaint with the county clerk where the property is located. Florida state law does not require a lender or mortgage company to notify a borrower before it initiates a foreclosure complaint. The borrower must answer each claim or allegation documented in the complaint. If the borrower does not answer each claim, a judge will issue a default judgment against him. A default judgment essentially says that a defendant is guilty by refusal to answer a lawsuit. Answering a foreclosure complaint in Florida is largely the same as in any other state.
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Instructions
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Review each allegation. Understand each complaint made against you. Allegations are differentiated by a number printed on the left side of each allegation.
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Admit allegations that are true. A Florida mortgage company is under no obligation to prove any allegation you admit to be true. A judgment will reflect this admission.
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Deny allegations that are false. A Florida mortgage company must prove any allegation you admit. If the phrasing of an allegation is confusing, deny it.
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Correct allegations that are half true and half false. Deconstruct each allegation, if necessary. Identify the parts that are true and deny the parts that are not.
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Enter an "Affirmative Defense," which translate to "Even if "A" is true (which it may or may not be), the mortgage company still does not have a right to foreclose because of reasons "B," "C" and "D."
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Itemize any supporting documentation --- such as affidavits, financial records and cancelled checks --- you expect to present during a hearing on the matter.
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Request a hearing date. Agree to mail a copy of your answer to the attorney representing the mortgage company by a specified date. Sign and date your answer and file it with a county clerk.
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File your answer in Circuit Court with a Lis Pendens, a document giving public notice that your property is being foreclosed upon.
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Tips & Warnings
Florida property owners have a right of redemption, which means you can reclaim a foreclosed property under certain circumstances. You must act within the time period allowed --- which is typically the period before the sale date --- and make a full payment of the unpaid loan plus costs.
