Foreclosure Defense
While in foreclosure defense, case may be a necessary to avoid a default judgment and quick foreclosure of your home, there are other options you can pursue to save your home or mitigate the stress and costs involved with litigating the bank’s foreclosure suit.
What Is Foreclosure Defense?
You fell behind on your mortgage payments. All of the sudden a process server shows up at your house, knocks on your door and hands you legal papers, including a Summons and a Complaint. These documents show that your mortgage lender has filed a lawsuit against you, seeking to repossess your home due to you falling behind on your mortgage payments. The bank will also likely file a “lis pendens” in the official county records where the house is located in order to put the world on legal notice that there is a pending lawsuit to foreclose on your home and that the bank claims a legal right or title to the property that is the subject of the foreclosure lawsuit.
If you experience a foreclosure lawsuit on your property, we can help.
We will defend you in the lawsuit through a process known as “foreclosure defense”. In most cases, it is the bank trying to foreclose on your home. But in some cases, it may be the Homeowners Association or Condo Association that is trying to foreclose.
While defending the foreclosure case may be a necessary to avoid a default judgment and quick foreclosure of your home, there are other options you can pursue to save your home or mitigate the stress and costs involved with litigating the bank’s foreclosure suit. For example, you may be able to save your home through a loan modification or a basic Chapter 13 bankruptcy filing. Or, perhaps you prefer to move on and leave the house, it which case we can help you with a “short sale” or a “deed in lieu of foreclosure”.
In any event, do not trust what the bank is telling you!
We have seen too many times where a prospective client tells us that he or she was “working” with the bank and all of the sudden got served with a foreclosure lawsuit, while a default foreclosure judgment was already entered and a pending foreclosure sale date rapidly approaching (if not already past). Meanwhile you had no idea this could happen so quickly. A bank representative may tell you not to worry about the foreclosure lawsuit or that they are still reviewing you for a loan modification.
Meanwhile the bank’s attorneys are moving forward full steam ahead with the foreclosure lawsuit. In other words, the bank’s representations to you over the phone or in writing will not stop the foreclosure process once it has started, and you should not rely upon them. Once a lawsuit is filed, you need to defend it by hiring a lawyer, because the lawsuit will move forward no matter what the bank is telling you.
Defending The Foreclosure Lawsuit
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