[FL] What should my daughter do after receiving a foreclosure notice from the mortgage company?
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She’ll need to review the paperwork to see if it’s a Summons and Complaint—this indicates a lawsuit has been filed. If it is, she must respond within 20 days. (Summons 1.902(a))
If it’s just a default notice, there’s no urgent deadline to respond.
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Where can my daughter get help on the foreclosure of her home? She is a single mother and the mortgage company, PHH, won't work with her.
I'm sorry to hear about your daughter’s situation. Has she already received any foreclosure notices from PHH? Is your daughter looking for assistance in negotiating with PHH to try and avoid foreclosure, or does she need help exploring other options?
Yes to both. She has received the notices. Legal Aid has not helped. She filled out paperwork for PHH twice and now they won’t accept it. They just want her house. They want $30,000 to bring her current but won’t work with her given her hardship situation.
Is there anything else the real estate lawyer should know?
What is the cost? She has been advised by two real estate attorneys and Legal Aid at no charge. We don’t have the finances to help her.
Hello. Welcome to AskALawyer. My name is Lori, and I’m an attorney with over 25 years of experience. This is not an automated response.
What city and state is the property located in?
Has PHH filed a foreclosure lawsuit yet?
Has your daughter requested a loan forbearance or loan modification?
My daughter received documents from PHH. I asked her, but she doesn’t know if they have filed a lawsuit. She lives in Ponte Vedra Beach, FL. She has not been successful in getting a forbearance or loan modification.
She’ll need to review the paperwork to see if it’s a Summons and Complaint—this indicates a lawsuit has been filed. If it is, she must respond within 20 days. (Summons 1.902(a))
If it’s just a default notice, there’s no urgent deadline to respond.
It’s been more than two days. She is experiencing extreme emotional distress. I will try to get her to tell me if the papers include a Summons. I’ve just prepared a Florida Power of Attorney for her to sign so I can talk to everyone on her behalf.
Understood. Once you confirm what kind of notice she received, she will either need to file an Answer or request an extension of time.
