If you’ve just been served with a Florida foreclosure complaint, the single most important number you will read today is twenty. That’s the number of days Florida Rule of Civil Procedure 1.140(a) gives you to file a response. Miss the deadline and the lender can request a default judgment, which is a final order that is far harder to undo than to prevent.
What you do in the first week determines the case
Start the clock from the date you were actually served, not from the date printed on the summons. Within those twenty days, you must file some form of responsive pleading with the clerk of the court in the county where the property sits. The options are:
- An answer with defenses and (when applicable) counterclaims
- A motion to dismiss if the complaint has a procedural defect
- A motion for extension of time if you need additional days to retain counsel
Simply calling the lender is not a response. Simply asking for a loan modification is not a response. Nothing that does not land in the court file within twenty days protects you from a default judgment.
What a response should actually say
A good response raises every defense that fits the facts. Common Florida foreclosure defenses include:
- Standing. Does the party suing actually own the note and mortgage, and when did they acquire them?
- Notice. Did the lender send the statutorily required default notice and acceleration letter the way the mortgage requires?
- Conditions precedent. Did the lender satisfy any pre-suit requirements (HUD face-to-face meetings for FHA loans, for example)?
- Accounting. Is the amount claimed correct, and does it include charges the lender cannot substantiate?
- Statute of limitations. Has too much time passed since the acceleration that underlies the suit?
Not every case has every defense. A good foreclosure attorney’s first job is to identify which apply to yours.
Don’t wait for the free consultation to “fit your schedule”
The twenty-day clock does not pause for your schedule. If you have been served and cannot reach a lawyer within a few days, at minimum file a simple motion for extension of time so the court cannot enter a default against you while you’re still looking for counsel. Then find a lawyer the same week.
If that lawyer is us, call 813-962-3176 and say you have been served with a foreclosure. We’ll walk you through what your options actually look like, and the time you have left to exercise them.
