Foreclosure Defense: Filing an Answer

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As explained in the video above, an effective foreclosure defense often includes a motion to dismiss. If the motion to dismiss is denied, then it is time to file an answer. People don’t normally think about the answer they are required to file for the lawsuit brought against them as part of their defense against foreclosure, but it is.

Even if you try to have the case dismissed, there is a good chance that you will still be filing an answer. Why? Because, as an experienced foreclosure defense attorney in Florida, I can tell you that by and large having your foreclosure case dismissed is the exception and not the rule. A motion to dismiss will buy you time, and that’s critically important, but in many cases you should not expect more from it.

So it is very likely that you will end up having to file an answer, but here’s the good news: your answer is an important aspect of your foreclosure defense.

Speak with an experienced Florida attorney at our firm today.
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How Your Answer Works in Foreclosure Defense

The way you answer a lawsuit is to admit or deny each specific allegation. How does this work as a part of your defense? It allows you to control where and how you are going to fight the lawsuit.

Maybe you agree that you have missed your last three mortgage payments, but because of the way they have worded the allegation, you do not agree with it in the lawsuit. No problem. You can write something like “I deny the allegations as worded.” In other areas, you may wish to agree with the allegations, and in that way allow yourself and your foreclosure defense attorney to focus on specific allegations to defend.

Just remember that admitting an allegation is essentially saying that the other side is right and you are not fighting them. Agree to everything and there won’t even need to be a legal battle because you have basically given in to them.

Foreclosure Defense: Pick Your Battles

Knowing which battles to fight is one reason why it is so valuable to have a knowledgeable attorney on your side. You want a foreclosure defense that is going to help you protect your home in the best way possible. We do this by having a strategic game plan, showing good faith, and raising solid defenses and counter claims that will produce the most effective results.

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