Two paths of action with a foreclosure

Receiving the lis pendens via a process server is a nerve shacking experience for most people. Unfortunately, many people freeze up and do nothing all the way until the house goes to final auction months down the road. For those who choose to be proactive, there are two paths of action required when defending a foreclosure and/or trying to resolve the problem before the bank takes the house back at auction. If you received court papers, you have 20 days to respond. I'm sitting in Florida which is a judicial foreclosure state. That means the mortgage holder has a right to defend himself. Simultaneously, you should also contact your mortgage servicer and request a loan modification application or short sale package. Don't make the mistake of only talking with your mortgage servicer. even if you are talking with them everyday, the bank's attorneys are filing papers in court, marching towards a final foreclosure! I've seen it happen. A homeowner is in constant contact with the bank, but the representative on the phone is not in contact with their attorneys. Ignoring the court papers being sent to the home, the homeowner THINKS he has it under control only to find out the home has gone to final auction sale. Be proactive with both the lender and the court papers!