Have You Been Sued? Don’t Wait!

If you’ve been sued don’t wait or delay.  If you’ve received a lawsuit for foreclosure, real estate, credit cards, or any other matter you must file an answer in a certain amount of time.  If you wait you may be subject to a default judgment, money damages, garnishment of your wages, or other penalties.

Attorney David Sharpe explains what to do if you’ve been served with a lawsuit.  Inaction can cost you.  Call 813-259-1017 now to speak with an attorney.  The initial consultation is always free.

Foreclosure and Modification Success

Foreclosure Picture

Avoid Foreclosure

Many of our clients know that our lawyers represent victims from auto accidents as well as criminal defense.  However, our foreclosure and modification practice has helped hundreds of people in Tampa and surrounding areas avoid foreclosure and modify their loans.  Most importantly, our real estate practice has allowed  families to remain in their homes with a modified payment they can afford.

Here is a modification we received for one of our foreclosure clients.  This was an email, sent by the lender, confirming our loan modification.  Most significantly you will notice that we were able to reduce the principal by $128,427.57 and our client now has a total monthly payment, including insurance and taxes, of only $400.96. (All identifying information has been removed for client confidentiality)

We certainly don’t want you to think that these types of results are a guarantee of success, they are not.  We can only assure you that we will work diligently and aggressively to get the ultimate result you seek.  If you are in foreclosure or are seeking a modification of your home loan, call us at 813-259-1017 to make an appointment to come speak with us.  Our initial consultation is always free.

See the actual foreclosure email

Not answering a foreclosure complaint can be a big mistake

One of the most common things we see in foreclosure actions is our client’s failure to respond to the foreclosure lawsuit in a timely manner.  The failure to respond to a lawsuit can create serious problems in defending a foreclosure case.

If you do not respond to a complaint filed against you within twenty (20) days of being served, a default may be entered against you.  A default basically means you admit the truth of the allegations in the complaint, and the Plaintiff has a clear road ahead to get a final judgment against you.  If defaulted, you are on the sidelines of the lawsuit, and not permitted to defend anything stated in the lawsuit.

If you have not filed a formal answer in time and have been defaulted, there is a procedure for relief.  It requires additional work and should be avoided if at all possible.  If there is a default against you for failing to file a formal answer you must satisfy a three (3) step test for the Court to determine whether to set aside a default:
(1)    Whether you demonstrated excusable neglect in failing to respond;
(2)    Whether you have a meritorious defenses; and
(3)    Whether you, after learning of the default, acted quickly (demonstrated due diligence) in seeking relief.

If you are unsure about the status of a legal case filed against you, or if you have been defaulted, it still may be possible to do something in response, depending on the facts of your case.  While it is usually best to deal with legal papers filed against you right away, if you have been defaulted, it may be possible to deal with the lawsuit and work toward a resolution if the above three-part test is met.