QUESTION
Could you please give me advise on what I can do on the summons and the foreclosure?
Asked on Oct 23rd, 2012 on Foreclosures - Florida
More details to this question:
I received a summons today that was dated 10-12-12 and to today is 10-23-12 to appear in court about my mortgage of being foreclosed on. I went through a company called Evictions Rights who allowed me to stay in my home longer. I file a motion and I went in front of the judge. The judge made an order for me to pay $800.00 to the courts until I could find another place. I made my payments on time for four months, which was $3200.00. I was advised that I was not to even make those payments to the court since the house had already been foreclosed on. During the time I missed my first payment, I was incapacitated. I had to live with my mom. My mom went to the post office to advise them that the house I was living in was still vacant. The post office held my mail, when at that time that's when the plaintiff sent a request for me to appear in court. I missed my court date since I did not receive the summons. Now I am to appear in court on 11-09-12, which I thought I had 45 days to be advised of the summons. I do not know what to do or what my options are.
3 ANSWERS
Civil Litigation Attorney serving Federal Way, WA
at
Stasch Law LLC
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It sounds like you received an unlawful detainee summons. The house has been foreclosed and the purchaser/lender is entitled to remove you.You must appear in Court, if you have any defenses. The purpose of the hearing is to obtain a Writ allowing the Sheriff to evict you. You can bring a motion to the Court for an order to return the $3,200.00 in the registry of the court to you. But, you should look for a new place.
Answered on Oct 25th, 2012 at 10:22 PM
Insurance Litigation Attorney serving St. Petersburg, FL
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Gallagher & Associates Law Firm, P.A.
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You need an attorney ASAP, this is not something you can deal with pro se.
Answered on Oct 25th, 2012 at 9:24 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Without reviewing the entire court file in the foreclosure, it is very hard to tell you what to do. If the hearing is on a motion for summary judgment, you need to file a sworn response that indicates that there are issues in the case in order to avoid the entrance of a summary judgment and proceed to trial. You should get an attorney for this. If you want to keep the home, there may be a modification available to you, and a reduction in the rate of interest as well as the payment.
Answered on Oct 25th, 2012 at 9:23 AM