Foreclosure proceedings typically start with a formal demand for payment which is usually a letter issued from the lender. This letter of notice is referred to as a Notice of Default (NOD). Keep in mind that the notice is a threat to sell the property, terminate all rights in that property and evict the residents from the premises. In Florida, lenders may foreclose on a mortgage in default by using the judicial foreclosure process. This is commenced by filing a lawsuit in the Circuit Court in the county where the property being foreclosed is located. As in any lawsuit, the borrower must be served with notice of the lawsuit and must be given an opportunity to appear and defend his or her rights. The lender will try to show that the borrower is in default, and that foreclosure is therefore necessary under Florida equity law. As a borrower, if you are facing foreclosure, contacting an attorney as early as possible is crucial to protecting your rights. As a lender, contacting an attorney early in the process is essential to protecting your interests and making sure all necessary parties are named in the foreclosure action. The attorneys at Matthews Jones & Hawkins, LLP have extensive experience working with borrowers and lenders through the foreclosure process from start to finish.