Question by makimma: Advice on Written Response to State of Florida Court re: Served Lis Pendens (Foreclosure)?
I own an investment property in Florida although I live in California. Like so many other homeowners, the market has left my investment upside-down. I have not made a payments now for 4+ months. I’m pursuing a short-sale on this property. In fact, I just received an offer. Well, I was served legal papers (Lis Pendens) a couple of days ago and have 20 calendars days to issue my response to the Court. Only a day later I completed and submitted all financial documents & hardship letter (105 pages) to the lender for their consideration of the short sale or other options (i.e., Deed In Lieu or loan modification to current value of home).
The Lis Pendens states that “Your written response, including the case number given above and the names of the parties, must be filed if you want the Court to hear your side of the case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the Court.”
Question: Is there an official document I need to submit to the Court, or can a certified letter suffice? Also, can the letter simply request additional time (e.g., 60 days) to find a qualified attorney to represent my interests? If available, please respond with sample letters. Thanks.
I didn’t pay mortgage in 4 months because I decided against throwing good money after a bad investment. I was losing out-of-pocket K annually. This includes my rental income. Can my response letter request additional time to allow me to secure the services of an attorney?
Answer by MIND THE GAP
You need a Florida attorney to help you. Please get one.
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