Florida Lis Pendens

I recently received a copy of the Lis Pendens filed against me in Florida. Along with the Lis Pendens was a request to the court for a new Promissary Note, stating that the original had been lost.  I did not find a copy of an executed Note in my closing package. 

Can I dispute the loan altogether if the Lender does not produce the original or certified copy? Would this be a claim against the Title Company that closed the loan? 

Thanks,
Deb

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Hi Deb,

Read: Standing in a Foreclosure Action

You have twenty days after in-hand service to answer the complaint, otherwise the defendant (homeowner) has “relinquished the right to be heard” per F.S. 702.10 (1)(b).  In your answer, you should detail your defenses and counterclaims; challenging the affidavit of lost note or the lender’s standing among them.  Ultimately, it is only a delay tactic and it should help you in your workout negotiation (i.e. loan modification, short sale, etc.). 

There are Florida attorneys that will answer the complaint for you for around $500 or less.  Hurry up!  No time to waste.

Thanks for the questions and hope this helps.

Paul

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.

(source= leg.state.fl.us/statutes)