If we received a civil summons for foreclosure on vacant land, do we respond if we can’t pay?

We picked up a piece of property 5 years ago with the intention of building a home. I had a job loss 2 years later and we kept it current until a little over a year ago; we could no longer make the payments due to maxed out credit cards. We have 20 days to respond to the summons but it appears as though we need only respond if we wish to prolong the process. There is no home on the raw land and the lender has no relief available based on that fact. If we “let it go” are we liable for additional costs and fees or will they be absorbed by the lender in the foreclosure? Also, property down about $70,000.

Asked on July 5, 2012 under Real Estate Law, Florida


david slater / david p.slater, esq.

Answered 8 years ago | Contributor

The may be asking for a deficiency judgment against you, which would make you liable for attorney fees, costs and the difference between the loan and purchase price at the foreclosure sale. Read the complaint.

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