Why are affirmative defenses to a foreclosure different than just an answer with denials?
Affirmative defenses to a foreclosure complaint are different than a general denial of the complaint, because the defenses explain why the plaintiff is not entitled to foreclosure.
Practically speaking, they’re important from a strategic advantage, as well. If a defendant does not raise affirmative defenses, it’s much easier for the lender to obtain a foreclosure judgement.
If the borrower has valid, affirmative defenses, it’s important that the borrower assert them so that the plaintiff will have to deal with those defenses before it can obtain a foreclosure judgement.
- How long does the foreclosure process usually take in Florida?
- What are tax deed sales?
- What do I do after I am served with a summons and foreclosure complaint?
- What happens if I just mail the keys to the bank and walk away?
- What is a deed in lieu of foreclosure?
- What is a deficiency judgment?
- What is a judgment debtor’s examination?
- What is a lis pendens?
- What is a short sale?
- What is foreclosure?
- Why are affirmative defenses to a foreclosure different than just an answer with denials?
- Do I have to move out of my home during the foreclosure process in Florida?
- Does a tax deed sale provide a marketable title?