If A Default Has Been Entered Against Me, Can I Still Fight The Foreclosure

A Homeowner has 20 days to respond to a Foreclosure.    Unfortunately, many fail to respond and a default is entered.  As a result, the Bank has an easier time moving the case to a Final Judgment of Foreclosure.  The good news is that Homeowner that failed to respond can still try and vacate the Default. Therefore, if you need to Vacate a Default in a Florida Foreclosure Case, contact 954 Foreclosure Attorneys, PLLC.

What should I do if a Default has been entered against me?

A Homeowner needs to respond within 20 days after they are served.  While most Banks do move not for a default on the 21st day, they will shortly thereafter.  It is important to understand that a default does not mean that they are losing your Home.  In addition, you still can stop the Foreclosure.   However, a default can have long term negative effects.  Therefore, if you discover that a default has been entered, contact your Foreclosure Defense Attorneys.

How can a Default be Vacated?

A Foreclosure Defense Attorney will file a Motion to Vacate the Default.  In order to be successful, it must show Excusable Neglect, a Meritorious Defense, and Due Diligence.

Excusable Neglect.  The Defendant must show that failing to respond was due to Excusable Neglect.  In addition, they must include a Sworn Affidavit.  This Affidavit must explain their reasons for not responding.

Meritorious Defense. The Homeowner must show that if they had timely responded, they would have valid defenses to the Foreclosure.

Due Diligence.  The Homeowner acted quickly to file the Motion upon learning of the Default.

If you need to Vacate a Default in a Florida Foreclosure Case, contact 954 Foreclosure Attorneys, PLLC at (954) 237-7440.  Allow your Broward Foreclosure Defense Attorneys help you keep your home.

A Detroit, Michigan native, Mr. Shipp graduated from Florida State University in 2003. After Law School, Ryan moved to South Florida. Ryan has become a Member of the Florida Bar in 2008 and has protected the Rights of Homeowners in Foreclosure since 2014.

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