Foreclosure Summons: Your Legal Rights and Options for Responding

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More and more homeowners in the United States are facing foreclosure. Bloomberg reports an alarming 22% year-over-year spike in the number of foreclosures filed in the first quarter of 2023. If you are facing the risk of foreclosure in South Florida, it is normal to feel stressed, frustrated, and unsure of what to do next—especially if you just received a foreclosure summons. 

Mortgage lenders do not have the unilateral right to take your home. At Jacqueline A. Salcines, PA, we are committed to helping homeowners in Florida protect their rights and their interests. Our Coral Gables foreclosure defense attorney provides a comprehensive overview of your legal rights and your legal options for responding to a foreclosure summons in Florida. 

Florida is a Judicial Foreclosure State

As background information, it is crucial to understand that Florida is a judicial foreclosure state. That is not true in every jurisdiction—U.S. foreclosure laws differ from state to state. In Florida, a mortgage lender/mortgage company must go through the court system to reclaim property from a homeowner who is allegedly in default. As a general rule, the process starts with the filing of a lawsuit by the lender. In a judicial foreclosure—including in Florida—a homeowner will receive a foreclosure summons. It is a legal document formally notifying you about the lender’s lawsuit. In other words, if you have received a foreclosure summons, it means that your lender/mortgage company has filed a lawsuit in a Florida court. 

A Foreclosure Summons is a Legal Complaint 

To be clear, a foreclosure summons is not just a simple notification. It is a legal complaint served by the lender who is seeking to foreclose on your property. It includes details about the alleged breach of the loan contract, the amount owed, and the lender’s intention to sell the property to recover the outstanding loan amount.

When you receive a foreclosure summons, it is essential not to dismiss it. The document outlines the deadlines for your response, typically within 20 to 30 days, depending on the specifics of your case. Failure to respond within the designated time frame might result in a default judgment in favor of the lender, leading to the foreclosure of your property.

How to Effectively Respond to a Foreclosure Summons South Florida 

You are not required to respond to a foreclosure summons at all in Florida. You cannot be arrested or charged with a civil offense because of your failure to do so. However, not responding to a foreclosure summons is a major mistake. What happens if you ignore the foreclosure summons in Florida? You will almost certainly lose your case in default. The mortgage company will show up at the court and get a default judgment that allows them to take (and sell) your home. You will miss out on any opportunity to raise a defense. Exercise your right to respond to a foreclosure summons. How do you do so effectively? Keep the following things in mind: 

  • Hire a Florida Foreclosure Defense Attorney: Given the complexity of foreclosure laws, an experienced Florida foreclosure defense attorney can provide invaluable assistance. They can help you navigate the process, protect your rights, and possibly negotiate with your lender.
  • Draft an Answer: Your answer is your formal response to the summons. It should address each allegation in the complaint, confirming, denying, or stating you lack enough information to admit or deny each claim.
  • Raise all Applicable Foreclosure Defenses: If applicable, your answer should include any defenses you may have to the foreclosure, such as the lender not following proper procedures or violating consumer protection laws. What foreclosure defenses are viable? It depends on the specific situation. A Florida foreclosure defense lawyer can help you evaluate and raise every possible defense. 
  • File Your Answer With the Court: You must file your answer with the court before the deadline and provide a copy to the lender’s attorney. Ensure it is done on time to avoid an automatic win for the lender. If your answer to a foreclosure summons is not filed in a timely manner, then it is effectively the equivalent of not responding at all. 

What to Know About Deficiency Judgments in Florida’s Foreclosure Process

Another key point to know about Florida’s foreclosure laws is that it is a mortgage deficiency state. What does that mean for a financially-distressed homeowner who is facing a risk of foreclosure? If the sale of the foreclosed property does not cover the full amount owed on the mortgage, the lender can seek a deficiency judgment for the difference. Here is an example: 

  • Imagine that you owe $500,000 on a mortgage on a home in Miami-Dade County. The home is foreclosed on. The lender sells the property for the current market value—$475,000. You are $25,000 short of the loan. Under Florida law, the lender could then sue you for the remaining $25,000. This is known as a deficient amount. It can be a very big factor in many foreclosure cases in Florida, especially for those who are significantly underwater in their home.  

How does the deficiency judgment risk relate to the initial foreclosure summons? If you ignore a foreclosure summons and fail to defend yourself in court, the lender may obtain a default judgment, resulting in the loss of your home. Beyond that, without your presence in court, you lose the opportunity to challenge the deficiency judgment. Defending your home and defending yourself against a deficiency judgment are all part of the process. 

Contact Our Florida Foreclosure Defense Attorney Today

At Jacqueline A. Salcines, PA, our Florida foreclosure defense lawyer fights aggressively to help people save their homes. If you have any questions about responding to a foreclosure summons, we are more than ready to help. Get in touch with us by phone at 305-669-5280 or contact us online for your completely private case review. Our law firm provides foreclosure defense representation in Coral Gables, Miami-Dade County, and all across South Florida. 

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NEW LINE OF DEFENSE FOR DYCK O’NEAL LAWSUITS

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SOUTH FLORIDA DEBT SETTLEMENT LAWYERS

DYCK O’NEAL LAWSUITS FOR FORECLOSURE MORTGAGE DEFICIENCY BALANCES

DEBT SETTLEMENT ATTORNEYS

Dyck O’Neal continues on the prowl for South Florida debtors.  Not only is a privately owned debt collection company filing foreclosure and short deficiency lawsuits in Florida, but now they are actively transferring judgments from out of state foreclosures, to Florida.  Dyck O’Neal,  a company who was  approached by Fannie Mae years ago, bought up thousands of stale foreclosure judgments in Florida and across the country,  and filed suits at the 11th hour, when the statute of limitations was about to run out.

But debtors should know that even if you receive collection letters from Dyck O’Neal or are sued for the balances on debt they purchased, these suits can be defended and can be won.  Numerous defenses exist including the statute of limitations as well as practices under the Fair Debt Collections Act. If unlawful, some of these suits or collections can be extinguished all together.  If valid, they can be settled for pennies on the dollar.   But you must act timely. If you are served with a lawsuit by Dyck O’Neal,  you will have twenty (20) days to respond.  That means, 20 days to hire a lawyer to review your complaint and file a Motion representing you.

That’s where the Law Offices of Jacqueline Salcines, PA comes in. We have fought these Dyck O’Neal suits and settled them for pennies on the dollar. Often, the homeowner is protected under the Foreclosure Act, and Dyck O’Neal must walk away. Other times, they settle for pennies on the dollar.

It helps to have an attorney who is familiar with Dyck O’Neal suits, and how to litigate and fight them.  At the Law Offices of Jacqueline A. Salcines, P.A., we have been assisting borrowers with their deficiency lawsuits and their debt settlement for over 17 years.   You have the right to settle your debt for potions of what you owe.  We are here to help and protect your rights.

Allow us to go to work for you and negotiate your debt.

We offer free phone consultations, and a no cost review of your case. 

Call us today.   305.669.5280 and see how we can help you.

About the Author:

Jacqueline A. Salcines, Esq is the Owner and Managing Partner of the Law Offices of Jacqueline A. Salcines, P.A. Real Estate and Business Law Group. With over 17 years experience including holding a dual degree in Accounting, her broad knowledge of DEBT SETTLEMENT serves to aggressively protect and defend our firm’s clients.

Call us today to set up a  free consultation to discuss your specific needs. We are here for you!

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

Email:  J.Salcines@Salcineslaw.com

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DYCK O’NEAL LAWSUITS – DEFICIENCY JUDGMENT

DYCK O’NEAL DEFICIENCY SUITS ON THE RISE

FLORIDA REAL ESTATE LAWYER AND REAL ESTATE LITIGATION LAW FIRM

The Florida Legislative Foreclosure Act, while helping the banks out more than the borrowers, did one positive thing.  It limited the time period when a bank can go after a borrower for the balance of the mortgage after the foreclosure.  This is called the deficiency.

Dyck O’Neal has filed thousands of lawsuits in Florida against the homeowners to collect these deficiencies after the foreclosure.  Many, though are past the one year mark and therefore easily dismissed.

Other lawsuits filed by Dyck O’Neal carry larger amounts then HR87 allows them to collect, which is the difference between the amount the property sold for and the fair market value at the time of the sale.

There are many defenses to these lawsuits brought by Dyck O’Neal for deficiency balances on the foreclosure.

At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline A. Salcines, Esq. is knowledgeable and has experience in defending these suits.  She has been protecting and defending homeowners and borrowers with their mortgage and real estate litigation needs for over 17 years.

Let our knowledge go to work for you in defending these suits.

In fact, class actions have already been filed alleging these suits are unlawful as against the Fair Debt Collection Practices Act.  Don’t be victim.

Let us protect your rights.

At the Law Offices of Jacqueline A. Salcines, PA, the attorney holds a dual degree in Law and Accounting, is a  realtor and has hosted many seminars and lectures on real estate and real estate law. Allow our experience to go to work for you

Call us today.   305.669.5280 Or visit us as  http://WWW.SALCINESLAW.COM

See why our business is built on referrals and for over 17 years, clients keep coming back and referring their family and friends. 

 

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

Email:  J.Salcines@Salcineslaw.com

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DYCK O’NEAL LAWSUITS ON THE RISE

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SOUTH FLORIDA DEBT SETTLEMENT ATTORNEYS

PROTECTING YOUR INTERESTS WITH DYCK O’NEAL

Recent months have experienced an avalanche of Dyck O’Neal suits.  Whether for deficiency balances after short sales or foreclosure auctions, or whether collecting on a foreclosure judgment, borrowers are worried when receiving these lawsuits.  What you need to know is that as a borrower, YOU  have rights.  On July 1, 2013, the Florida legislature passed the Fair Foreclosure Act  (HR87) which limited the time period for which the judgment creditor could sue from 5 years to 1 year.

For judgments entered prior to the enactment of the new law, the deadline for filing a deficiency suit was July 1, 2014.

If you are receiving letters, calls or have been served with a lawsuit by Dyck O’Neal, call us immediately.  The faster you act, the easier it is to assist you.  At the Law Offices of Jacqueline A. Salcines, PA, we are here to defend and protect your rights!

Jacqueline A. Salcines, Esq., the firm’s lead attorney brings extensive knowledge and expertise with these deficiency collection matters and lawsuits, particularly with Dyck O’Neal, as well as in the field of negotiating and settling debt for pennies on the dollar.   We employ market knowledge, extensive litigation experience,  contract and statutory knowledge, and take proactive and calculated measures to protect our clients. Our knowhow in debt settlement and oral and written contracts as well as negotiating them when they don’t go as planned, is what sets us apart.

With prompt intervention to resolve disputes amicably, without the need to litigate,  we are here to get debt settled, without the necessity of filing for bankruptcy.

With more than 16 years experience,  attorney Jacqueline Salcines has been practicing law with the need of her clients first.  Upon calling the firm you get the feel of how the client is our first priority.  We are here to help you with your purchase or sale and do so with hands-on legal experience.

Jacqueline Salcines, Esq. has been an accountant for over 20 years and an attorney for over 15  years.  She brings her knowledge and experience to every real estate transaction.  Let us go to work for  you!

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146

TEL. 305 669 5280

DIRECT EMAIL: J.SALCINES

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ARE YOU BEING SUED BY DYCK O’NEAL?

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SOUTH FLORIDA DEBT SETTLEMENT ATTORNEYS

PROTECTING YOUR INTERESTS WITH DYCK O’NEAL

Unlike many states, in Florida if you are sued for a deficiency balance (the difference between what your home sold for in foreclosure auction versus what the final judgment amount stated you owed) borrowers and homeowners have rights.  On July 1, 2013, the Florida legislature passed the Fair Foreclosure Act which limited the time period for which the judgment creditor could sue from 5 years to 1 year.

For judgments entered prior to the enactment of the new law, the deadline for filing a deficiency suit was July 1, 2014.

If you are receiving letters or calls from Dyck O’Neal trying to get you to pay on this so called debt, you have rights. At the Law Offices of Jacqueline A. Salcines, PA, we are here to defend and protect your rights!

At the Law Offices of Jacqueline A. Salcines, P.A., our lead attorney brings extensive knowledge and expertise with these deficiency collection matters and lawsuits, particularly with Dyck O’Neal, as well as in the field of negotiating and settling debt for pennies on the dollar.   We employ market knowledge, extensive litigation experience,  contract and statutory knowledge, and take proactive and calculated measures to protect our clients. Our knowhow in debt settlement and oral and written contracts as well as negotiating them when they don’t go as planned, is what sets us apart.

With prompt intervention to resolve disputes amicably, without the need to litigate,  we are here to get debt settled, without the necessity of filing for bankruptcy.

With more than 16 years experience,  attorney Jacqueline Salcines has been practicing law with the need of her clients first.  Upon calling the firm you get the feel of how the client is our first priority.  We are here to help you with your purchase or sale and do so with hands-on legal experience.

Jacqueline Salcines, Esq. has been an accountant for over 20 years and an attorney for over 15  years.  She brings her knowledge and experience to every real estate transaction.  Let us go to work for  you!

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146

TEL. 305 669 5280

DIRECT EMAIL: J.SALCINES@SALCINESLAW.COM

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FLORIDA DEFICIENCY JUDGMENTS

short_saleUnlike many other states, in Florida, the end of a foreclosure lawsuit or short sale, where the balance of the mortgage exceeds the property value, will likely result in the Bank coming after you for the mortgage balance. This is called a deficiency balance or deficiency judgment

If the bank gets a deficiency against you, the deficiency judgment will be recorded in the public records and is collectable for up to 20 years.  In fact, even if you die, the bank can still collect against your heirs and your estate.

Any South Florida homeowner that walks away from their properties, after years of nonpayment, and thinks that the bank will get paid from the sale and will not collect against or go after them for the balance, is wrong! In fact, any South Florida homeowner that does not hire an attorney to negotiate the balance and waiver of the deficiency, is exposing themselves to likelihood that their wages will be garnished, their assets levied and bank accounts frozen.

So the time to act is now! Before the foreclosure ends! Before the short sale closes! Before the judgment is entered and recorded against you.

Whether you wish to be qualified for a loan modification, or a short sale or simple negotiation to waive the deficiency with a consent judgment in foreclosure, call or visit us today at www.salcineslaw.com

The first consultation is always free.

TRUST  |  COMMITMENT  |   RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

Law Offices of Jacqueline A. Salcines
706 S. Dixie Highway
Second 200
Coral Gables, FL 33146
Tel. 305 669 5280
Email:  J.Salcines@salcineslaw.com

 

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Foreclosure Defense for Struggling Homeowners

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BankruptcyHard to believe that with the double digit increase in real estate values in Florida, many homeowners still find themselves underwater with their mortgages, but this is a fact.  Victims of overextended credit limits, overinflated home appraisals during the mortgage crisis, and rising taxes and forceplaced insurance, has caused many homeowners to simply not be able to come out from below the water.  In fact, many that entered into loan modifications during 2009 and 2014, may be about to default again on their loan modifications due to the increase in interest rates scheduled for the fifth year under the Making Home Affordable Program, or an increase in the required monthly escrow.

While foreclosures in Miami and Broward are at the lowest levels we have seen for years, we are experiencing a new wave of foreclosures from the above borrowers, that tried to make ends meet and meet their financial obligations but with rising taxes and insurance, or a loss of a job, or loved one, can no longer sustain their mortgage payments.  This leads to a brand new filing of a foreclosure against these homeowners, and often forgiven debt under the Making Home Affordable Plan is recalculated into the mortgage balance, sending some to be underwater again.

At the Law Offices of Jacqueline A. Salcines, P.A. our dedicated team of foreclosure defense attorney and consumers rights advocates fight shoulder to shoulder with these lenders to protect our clients rights and properties.  The aim is to stop foreclosure and the abuses of the mortgage industry by holding lenders accountable for their actions.  We practice:

  • Foreclosure Defense
  • Commercial and Residential Foreclosure
  • First and Second Mortgage loan settlement and forgiveness
  • Loan Settlement
  • Short Sales
  • Loan Modifications
  • Credit Card Debt and Settlement
  • Debt Collection Abuse
  • Unfair Collection Practices
  • HAMP and Internal Modifications

HELP FOR STRUGGLING HOMEOWNERS IN FLORIDA

Whether you find yourself in a current foreclosure, or whether your default of your mortgage is imminent and you wish to plan and strategize all options available before you default, one call can make the difference.

At the Law Offices of Jacqueline A. Salcines, P.A., attorney Jacqueline A. Salcines, has over 15 years experience in the mortgage and real estate law industry.  She is an accountant having practiced prior to becoming an attorney.  Having an exclusive and extensive background with accounting and business law, as well as mortgages, provides the cutting edge difference when settling the accounts with lenders.  “Knowing what a lender can and can not do makes all the difference in the standpoint of a negotiation”. Often lenders in foreclosures are bluffing that they have the note or that their assignments are valid and when pushed against the wall and taken to trial, cases get voluntary dismissals.  “This is what we hope for our clients.”

“At my firm, we do not practice delay tactics or the buying time technique that many attorneys do while charging their clients monthly. Rather, I personally sit with the client and explore their needs and desires, while running their financials to see what they qualify for.  Our foreclosure defense is foreclosure defense with a result in mind.  I will review the complaint, often audit the loan package to see what advantages we have to win at trial.  That is the strategy.  Not mere delay to then push a bankruptcy on the client.”  Says Jacqueline Salcines, Esq.

Call us today for a free foreclosure defense and strategizing session.  The first consult is always free of charge and can provide the know-how and options that perhaps many borrowers do not know are available to them.

The foreclosure crisis is on the rise again in South Florida.  However with the right team behind you, the foreclosure crisis can be averted.

TRUST  |   COMMITMENT  |  RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

LAW OFFICES OF JACQUELINE A. SALCINES, P.A.

706 S. DIXIE HIGHWAY

SECOND FLOOR

CORAL GABLES, FLORIDA 33146

TEL.  305. 669.5280

EMAIL:  J.SALCINES@SALCINESLAW.COM

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WHO IS ENTITLED TO THE SURPLUS AFTER A FORECLOSURE SALE?

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Law Offices of Jacqueline A. Salcines, P.A.

Law Offices of Jacqueline A. Salcines, P.A.

In a recent Third District Court of Appeal case, the higher court rules that a Miami-Dade couple was entitled to a $99,500.00 surplus that was left over after the foreclosure sale. The lower court, Judge Diane Ward, held that the bank was entitled to the surplus.  The homeowners had two mortgages, and the property was sold at auction on March 2013. The home was purchased at auction by a third party bidder who bid $184,000.00.  After paying off the mortgage, $99,500.00 remained.

The third party bidder then filed a Motion for Surplus Funds so that the surplus could be remitted to the first lender.  The homeowners also filed a Motion for the surplus.  Because the homeowners had filed for bankruptcy, the third party purchaser argued that they would be “unjustly enriched” a legal term that means that they are getting a benefit without paying anything for it.  The mortgage had been discharged in bankruptcy and a discharge of their debt obtained.  Judge Ward awarded the surplus of $99,500.00 to the third party purchaser.  The homeowners appealed.

The District Court of Appeals state in opinion that the law clearly showed that the property owner of record at the time of the sale is the one entitled to the surplus.    “Where the legislature has provided such a process, courts are not free to deviate from that process absent express authority.  (Quote from Judge Ed Scales on the Opinion ruling).

In order to claim the surplus, homeowners must file motions in a timely manner.  Thereafter, the motion must be heard by the presiding Judge in order to obtain an Order directing the clerk to issue the surplus.

At the Law Offices of Jacqueline A. Salcines, PA, we have extensive experience in seeking surplus funds for our clients.  We invite you to call and speak to attorney Jacqueline A. Salcines, Esq. today. The first consult is always free.

 

TRUST  |   COMMITMENT  |   RESULTS

 
LAW OFFICES OF JACQUELINE A. SALCINES
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL: (305)  669.5280
EMAIL: J.SALCINES@SALCINESLAW.COM
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DEFICIENCY JUDGMENT LIMITATION PERIOD

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House and lawRecent, significant changes in Florida’s Foreclosure law have shortened the time period in which a lender can collect a deficiency, or balance after a mortgage foreclosure or short sale.  The statute of limitations period for a lender seeking a deficiency judgment on a note secured by a mortgage on a residential property, is now one year, instead of five, for a  deficiency action started after July 1, 2013.

The bill also limits the amount that the lender can recover.  In the case of an owner-occupied residential dwelling, the recoverable portion is limited to the difference between the judgment amount (in a short sale, the outstanding debt) and the fair market value of the property at the time of sale.  The new statute also limits attorneys fees and costs the lender can charge when collecting the deficiencies.  See the full amended statute §702.06  http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0702/Sections/0702.06.html

Other recourse may be available to the borrower who is facing the collection of a deficiency judgment. Often times, the debt can be negotiated and satisfied, without filing for bankruptcy.

Call us today to assess your case and see if we can settle your deficiency or find a way around the payment of it.

TRUST  |   COMMITMENT  |  RESULTS

 
Law Offices of Jacqueline A. Salcines, PA
706 S. Dixie Highway
Second Floor
Coral Gables, Fl 33146
tel.  305 | 669 | 5280
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