Answer Foreclosure Summons With Florida
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FAQ
If the defendant does not properly respond to the summons and complaint, either by ignoring it or by procrastinating on a response, then the plaintiff may get a complete and valid judgment against him/her.
A motion to dismiss can stop a foreclosure lawsuit altogether, if the plaintiff did in fact fail to meet its lawful responsibilities in bringing the lawsuit. Generally, the motion to dismiss must be heard by the court at a designated hearing date and time.
Your answer must be in writing and must be filed (received) on time with the Clerk of Courts at the Courthouse of the County listed at the top of the Summons (For example, Duval County Courthouse, etc.).
In Florida, ing to Rule of Civil Procedure 1.070 (j), a complaint must be served on the defendant within 120 days of its filing. If it is not served within the time frame specified, a motion to dismiss is appropriate, and the case is dismissed without prejudice.
How to Respond to a Foreclosure Summons Step 1: Read the Summons. ... Step 2: Speak to Foreclosure Lawyer. ... Step 3: Decide If You Want to Contest. ... Step 4: Prepare a Mortgage Foreclosure Appearance and Answer to the Complaint. ... Step 5: File the Form with the Court Clerk. ... Step 6: Send a Copy of Your Answer to the Other Parties.