Hi. I'm Steve Kramer of the Kramer Law Firm. I'm a foreclosure attorney in Florida. And today we're going to talk about the top 3 mistakes made in foreclosure cases.
The first mistake that people often make is not filing a response to the lawsuit. When you are served with a lawsuit you have 20 days to respond. If you don't respond to that lawsuit within the first 20 days then the other side can default you. Default means that they win by exactly what you think – default.
The second mistake that people make is that rather than filing an answer to the lawsuit against them they file a motion to dismiss. Now what does that mean? A motion to dismiss is actually attacking the lawsuit itself saying this lawsuit is bogus, it's not right, it doesn't stake a claim.
An answer is when you accept that lawsuit as being valid but you say I either agree with it or I disagree with it. If you file an answer instead of a motion to dismiss you may have waived certain rights that you had. You may have waived an opportunity to get an advantage against the other side.
The third mistake that people make a lot of times is not filing a response to a summary judgment in their foreclosure. Now what does that mean? You know what a trial is probably, you've seen it. We've just had a Casey Anthony trial here in Florida, that's where witnesses come, they give testimony and either the judge or the jury makes a decision.
A summary judgment is a trial by paper. That's where both sides file paperwork generally and the court makes a decision based on the paperwork in front of them. The thing is if you don't file any paperwork then you won't have a defense in the summary judgment. So you got to file a defense to the summary judgment.
Why am I telling you this? Because you have questions and I deal with this stuff every day.
I'm Steve Kramer. Thanks for watching!
Call 877.493.4847 and I’d love to talk with you.
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Links to Videos with Scripts
Top 3 Mistakes Made in Foreclosure Cases
3 Things You Need to Know about Florida Foreclosures
Should You Represent Yourself in a Florida Foreclosure?
What We Look for in a Foreclosure Case
How Are Banks Incentivised to Foreclose?
What is Induced to Default?
The Defenses to Florida Foreclosure
How We Structure our Fees and Why
What You Need to Know About Mortgage-Backed Securities
The Number One Complaint About Lawyers
Why We Would Reject Your Foreclosure Case
Making Payments Under Modification
