What are allowed affirmative defenses to a foreclosure?
Just because a homeowner’s fallen behind on their payments, that doesn’t mean that the lender doesn’t have to prove their case. Florida is a judicial foreclosure state, and just like any other lawsuit, a lender has to be able to prove their case before they can reach the end before they’re entitled to foreclose.
They have to show the court that they’re the right entity to be able to foreclose, that there was a missed payment. All of these other elements have to fall into place.
So as the homeowner, even if you’ve fallen behind on your payments, you’re still entitled to file affirmative defenses within the case to make the lender prove up their burden.
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