I Got a Certified Letter From My Mortgage Company's Attorney. What Does It Mean?
It means your loan has been handed to a law firm, and someone wants proof you received the message. It doesn't mean you've been sued.
A Letter Isn't a Lawsuit
In Florida a foreclosure is a lawsuit filed in circuit court, and the papers that start it get delivered by a sheriff or a certified process server, handed to you or left with someone 15 or older who lives at your house. That's Florida Statutes 48.021 and 48.031. Neither one lists certified mail as a way to start a lawsuit.
The clock you've probably heard about starts with that delivery, not with a letter. Under Florida Rule of Civil Procedure 1.140, a defendant has 20 days after being served to answer.
So if what you're holding came in a green-card envelope from the post office, the 20 days hasn't started. If a process server handed you a summons and a complaint, it has.
What the Letter Usually Is
Most of these letters are one of three things, and sometimes all three in one envelope.
A notice of default. It says you're behind, how much it takes to catch up, and the date by which you have to do it before the lender can call the whole loan due. The deadline is in the letter. Your mortgage contract sets the minimum.
Notice that the whole loan has been called due. That's acceleration. Once a loan is accelerated, the CFPB says the lender "generally can require you to pay the full past due amount to make the loan current."
A debt validation notice. If the letter says it's from a debt collector, federal rules give you a validation period that ends 30 days after you receive it. Inside that window you can dispute the debt in writing.
What Has to Happen Before a Foreclosure Can Be Filed
Federal servicing rules set a floor. Under 12 CFR 1024.41(f)(1), a servicer can't make the first filing for a foreclosure unless the loan is more than 120 days delinquent. There are two exceptions: a due-on-sale violation, or the servicer joining a foreclosure another lienholder already started.
Before that, by the 36th day of delinquency, the servicer has to try to reach you live. By the 45th day it owes you a written notice of the options it may have. That's 12 CFR 1024.39.
If you send a complete loss mitigation application more than 37 days before a foreclosure sale, the servicer generally can't move for judgment or hold the sale while it decides, under 1024.41(g). "Complete" matters in that sentence.
How Many Payments Can You Miss Before Foreclosure?
What the Lawsuit Has to Show
If the case does get filed, Florida asks a lot of the lender up front. Under 702.015 the complaint has to allege the plaintiff holds the original note, or lay out exactly how it's entitled to enforce it, and a plaintiff holding the original has to file a certification under penalty of perjury. The court can sanction a plaintiff who doesn't comply.
Once it's filed, a lis pendens usually gets recorded against the property too.
What Is a Lis Pendens in Florida?
The Mail That Comes Next
A foreclosure filing is public record, and the solicitations start right after. Some are real help. Some aren't.
Florida Statute 501.1377 covers foreclosure rescue. A rescue consultant can't take money for foreclosure-related rescue services before completing every service in the agreement, and you can cancel within three business days of signing. A Florida attorney representing you is treated differently under that law.
Anybody asking for money up front to "stop your foreclosure" is asking for something that statute bars.
Who Answers What
The letter itself is worth reading slowly. Look for the deadline, the amount, and who sent it.
A HUD-approved housing counselor is free. The CFPB lists (855) 411-2372 to reach one. If you've been served with a lawsuit, the CFPB's own wording is that "you may also need to consult an attorney."
Where I Fit
I'm a REALTOR, not your attorney. I'm SFR certified, that's Short Sales and Foreclosure Resource. If you owe more than the house is worth and selling is something you're weighing, that's the part I do, and I'll walk you through how a short sale works with your lender.
I'm based in Jacksonville and licensed in Florida. If you're out of state, I can't represent you, but I can put you with someone in the SFR® network who can.
If You Want to Talk
You don't need to have it figured out first. If you've got questions, reach out.
Jim Armstrong, REALTOR® · Momentum Realty · SFR® Certified JimArmstrong904@gmail.com
Jim Armstrong is a licensed real estate agent (REALTOR®) with Momentum Realty. This page is general information, not legal, tax, or financial advice, and it isn't a substitute for reading your own loan documents or the letter you received. Consult a Florida attorney or a HUD-approved housing counselor about your situation.
Momentum Realty is not associated with the government, and our service is not approved by the government or your lender.
Even if you accept this offer and use our service, your lender may not agree to change your loan.