The Notice Of Default....This Is When A Florida Foreclosure Begins?

It's important to know when this process begins, as most Florida homeowners think they only have 2 options once they start to miss thier payments, pay up or lose their home to Florida Floreclosure
By: Marlon Baugh
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Florida Foreclosure
Florida Loan Modification

Real Estate

Florida - US

Nov. 18, 2009 - PRLog -- Most homeowners assume that once they miss a payment, then they lender is going take their home immediately.  Lenders have to go through Florida’s judicial process which can take months or even years.  Even though you may get letters from you lender threatening Florida foreclosure after a month or two, as these are normally collections letters to scare you into paying.  The process really doesn’t start until you receive a Notice of Default also known as a Lis Pendens (it’s a Latin term that means Notice of Pending Action).  You will not get this document in the mail, instead a process server will hand deliver it to your home and request a signature.

This document is letting you know that since you have defaulted on your payments then your lender is going to take legal recourse to possible sell your property to pay off the loan and in the event the Florida foreclosure sale doesn’t cover the full balance of the loan, then the lender may pursue the homeowner for a deficiency judgment.  The lender must follow strict guidelines when publishing and recording this notice of default, as the law requires them to give you adequate notice of the pending Florida foreclosure.  "If the lenders don’t follow these guidelines then this will give you grounds to stop the foreclosure and this is why it’s important to consult with a Florida foreclosure defense attorney at this point, says Marlon Baugh, Florida Foreclosure Expert."

The lender must record the notice of default with the county courts in which the property is located and if it isn’t recorded properly then the foreclosure is not valid.  Sometimes there are clerical errors that will give you a legal basis to stop the Florida foreclosure such as; not recording the notice or recording the notice against the wrong property or in the wrong county.  Some homeowners that spot these errors in the filing of the notice of default will use it later in the process, when it gets closer to the foreclosure sale date, as the lender will have to start the process all over from scratch if it wasn’t filed properly.

Once the notice of default is filed, then your personal business is out there, as your pending foreclosure is now public records and is published in a local newspaper within your county.  Once you are served with this notice, you will have 20 calendar days in Florida to respond with an answer, you will want to send a copy of your answer to both the courts and the lenders foreclosing attorney.  Failure to respond within the 20 days will give your lender the opportunity to obtain a default judgment, which would be in their favor to proceed with a foreclosure sale.  It’s best to seek a Florida Foreclosure Defense Attorney to respond to this for you and if you can afford one then seek the services of a legal aid, which will be free.  Basically how the attorneys will answer this notice is by admitting each of the lenders statements to be true or false with a short explanation as to why the lenders move for Florida foreclosure is inappropriate.

Florida - based foreclosure expert Marlon Baugh specializes in providing information to consumers that allows them to make informed decisions about their mortgage financing options and learn the insider secrets that can save them thousands of dollars over the life of their loan.

Marlon Baugh is available for interviews and will welcome all your mortgage related questions.

Call 954-678-5796 Ext.1 for a Free No-Obligation Consultation or visit

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Marlon Baugh is a nationally-known mortgage expert. Since 2003, he has specialized in mortgage loans for people with Bankruptcies, Foreclosure or with other credit issues. For more insider reports please visit
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Tags:Florida Foreclosure, Florida Loan Modification
Industry:Loans, Mortgage, Real Estate
Location:Florida - United States
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Page Updated Last on: Nov 18, 2009

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