Although filing an Answer pro se (representing yourself on your own behalf) is better than not filing anything at all, since a reply is required 20 days from the date of service of you will be defaulted, by filing an Answer you may waive your rights and defenses.
There are many “affirmative defenses” or objections to the complaint that can be filed on the homeowners behalf that, if done correctly, can get the entire lawsuit dismissed. However, if something is filed and the defenses are not claimed from the beginning, then they may be waived.
The smartest strategy is to hire an attorney to assist you with the foreclosure defense. By reviewing the complaint, lis pendens and the closing package, defenses are preserved, and the best result achieved.
Foreclosures are often times negotiated and once a settlement or other resolution is reached, it goes away. However, only a legal professional familiar with the complaint, note, mortgage and required legal attachments knows what to do on behalf of a homeowner.
Don’t go it alone. Defending a foreclosure in court is serious and if done improperly can result in losing your home AND still owing the bank your balance of the mortgage.
At the Law Offices of Jacqueline Salcines, PA, we have over 14 years experience in real estate law, defending homeowners and obtaining the best possible outcome desired. Whether you seek to keep your home and want to pursue a modification, or want to process a short sale, or perhaps even a loan settlement, let my team go to work for you.
We have a fully staffed Short Sale Department, Title Department, and loan modification/loss mitigation department to handle all of your real estate needs.
The first consultation is always free.
TRUST | COMMITMENT | RESULTS
LAW OFFICES OF JACQUELINE A. SALCINES, P.A. 706 S. DIXIE HIGHWAY SECOND FLOOR CORAL GABLES, FL 33146 TEL: 305-669-5280