Port Charlotte, FL asked in Foreclosure for Florida

Q: How do I answer a foreclosure complaint?

Related Topics:
2 Lawyer Answers
Robert Jason De Groot
Robert Jason De Groot
Answered
  • Foreclosure Defense Lawyer
  • Deltona, FL
  • Licensed in Florida

A: You either admit, deny or are without knowledge as to the paragraphs in the complaint. The you allege affirmative defenses. Only an experienced attorney should do this. You waive any defenses that you do not raise in the answer. Many times the appropriate thing to do is move to dismiss the complaint.

Radha Rothrock
Radha Rothrock
Answered
  • Naples, FL
  • Licensed in Florida

A: You should really hire an attorney for this. If you don't raise a defense, you will waive it later. I have had so many people come to me at the last minute asking me to take a case and I have to tell them that they waived all their defenses by not stating them earlier. If you can't afford an attorney, try your local bar association or legal aid to see if they can assist you. Otherwise, attorneys' fees are usually reasonable for foreclosure defense compared to other areas of law.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.