If you are unable to pay your mortgage, you may want to consult with an attorney to discuss your options. Florida is a judicial foreclosure state, meaning that the lender must sue a borrower who has defaulted on their loan and obtain a judgment in order to force the sale of the real property. However, before that happens, it is important for a borrower to seek advice from an attorney knowledgeable in this field to determine what defenses may be available to them.

For instance, it is important to compel the lender to prove that it owns the debt behind the mortgage by producing the promissory note which the borrower signed at closing. In many instances the lender no longer has the promissory note available. In a mortgage foreclosure action, as in all court cases, the Plaintiff has the burden to prove up its case. In the event that the Plaintiff cannot prove its case, then the case may be able to be dismissed.