tag:blogger.com,1999:blog-11839798.post-14914115233354514072008-05-04T21:58:00.002-04:002008-05-04T21:59:46.577-04:00If a homeowner falls behind with his mortgage payments, the mortgage company will usually declare a default and begin a mortgage foreclosure case. The foreclosure cases for homes in Miami-Dade County are usually filed in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County located in downtown Miami at 73 W. Flagler Street. <br /><br />The foreclosure case is started with the filing of a "complaint". The mortgage holder or its servicer is usually the plaintiff in the case and the defendants are the homeowner and any other entities that may have an interest in the real estate such as junior mortgage holders, judgment holders, and even tenants. Often the foreclosure complaint will complain numerous defendants if the homeowner has a common name as the mortgage company needs to include all potential judgments against the homeowner and it is unable to distinguish whether the named person is actually the homeowner. <br /><br />The complaint may contain one or more "counts" for relief, such as for foreclosure, for a judgment on the note, and to reestablish a lost instrument. The count for foreclosure asks the court to determine that the homeowner is in default and that the mortgage company is entitled to have the home sold to satisfy the mortgage debt. Often the mortgage company will add a count to reestablish a lost instrument if it is unable to find the original mortgage note. Furthermore, sometimes the mortgage company will add a county for a money judgment for the amount of the mortgage note.<div class="blogger-post-footer">Jordan E. Bublick, Miami, Florida, Attorney at Law, Practice Limited to Bankruptcy Law, Member of the Florida Bar since 1983</div>Jordan E. Bublick, Bankruptcy Attorneyhttp://www.blogger.com/profile/16844203237034202441noreply@blogger.com