I Was Served With a Foreclosure Lawsuit in Florida: What Should I Do in the First 20 Days?

Do not ignore it. You generally have 20 days from the date you were served to respond, and the summons states your deadline. Missing it can lead to a default. Here is what to do.

Step 1: Read the summons and the complaint

Find the court, the case number, the lender's name, and your deadline.

Step 2: Get legal help fast

A Florida attorney can tell you how to respond and what defenses may apply. If cost is an issue, ask about legal aid and free foreclosure counseling.

Step 3: Ask your lender about options

Ask about a loan modification, forbearance, a short sale, or a deed in lieu. A pending lawsuit does not stop you from asking.

Step 4: Collect your documents

Gather your loan papers, payment history, notices, and any letters from the lender.

Step 5: Decide your path

• Fight, if there are valid defenses
• Keep the house, if you can catch up or modify the loan
• Sell before the sale is completed
• Leave the house with the best terms you can negotiate

Mistakes to avoid

• Waiting past the deadline
• Signing papers from someone who contacts you about the case without a lawyer reviewing them
• Moving out without understanding the consequences

What to do this week

Mark your response deadline on the calendar and call an attorney. If you want to see what selling before the sale would look like, send me the address and the dates.

Disclosure: I am a licensed REALTOR with eXp Realty, and I also invest in homes through my own company. If I am ever the buyer, I will tell you in writing before you decide.