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- Chapter 1 The Life of a Mortgage Foreclosure in Florida
Chapter 1-5 Motions/Pleading Practice
1-5 Motions/Pleading Practice
Defendants may avoid a default by responding to the Complaint (by way of pleading or motion) within 20 days from when they were served.49 If 20 days have passed, but the plaintiff has not yet sought a default, a defendant may still respond to the Complaint at any time prior to the entry of a default.50 A case that progresses beyond the default stage will proceed to pleadings and motions. For a complete discussion of available responses to foreclosure complaints, see Chapter 7: Responses to Foreclosure Complaints.
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Notes:
[49] Fla. R. Civ. P. 1.140.
[50] Lake Towers, Inc. v. Axelrod, 216 So. 2d 86 (Fla. 4th DCA 1968).
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- Chapter 1 The Life of a Mortgage Foreclosure in Florida
- CHAPTER 1 The Life of a Mortgage Foreclosure in Florida
- Chapter 1-1 Introduction
- Chapter 1-2 Initiation of a Foreclosure Action
- Chapter 1-3 Service of Process
- Chapter 1-4 Defaults
- Chapter 1-5 Motions/Pleading Practice
- Chapter 1-6 Discovery
- Chapter 1-7 Summary Judgment
- Chapter 1-8 Trial
- Chapter 1-9 Final Judgment
- Chapter 1-10 Sale
- Chapter 1-11 Title and Possession
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