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Foreclosure Information
Get More Time to Respond in Court
If you have been served a foreclosure lawsuit and need more time to evaluate your options, file a “Motion to Extend Time.” This motion will buy you an additional three weeks or so to gather your thoughts and evaluate your defenses. It is a document (an example is included in the Downloads page), that is filed in court asking the judge to permit you more time to file an “Answer” or “Motion to Dismiss.” These are almost always granted, but if they are not granted within the period to file a response, then ... [read more]
How to Answer a Foreclosure Lawsuit
The following information is taken from 23 Legal Defenses to Foreclosure, available by clicking here. Defined A lawsuit is a legal action filed by a party seeking to enforce his or her legal rights. A foreclosure action is one whereby a lender seeks to enforce its legal rights by foreclosing on the mortgage,* taking the property, selling the property, and recouping the money the owed under the mortgage.** When the amount recouped by the sale of the property is less than the amount owed on the mortgage, the lender will l... [read more]
Litigation Strategy
Follow the following litigation steps in defending a foreclosure action in court: 1. Decide what your litigation goals are. What are you trying to accomplish? A. Rescission of the loan. B. Mitigating some of the money you will need to pay the lender. C. Drawing out the process long enough to make other living arrangements. 2. Print your state’s “Rules of Civil Procedure,” usually available on your state Supreme Court’s website. (Appendix L to 23 Legal Defenses to Foreclosure includes the Federal Rules of Ci... [read more]
Discovery, Explained
After a lawsuit is filed, each side is permitted to obtain information and documents from the other side. This process is referred to as discovery. There are several methods of obtaining information – tools in the discovery tool belt. The methods covered in this book are those that are the least costly and easiest to employ: Interrogatories, Requests for Admissions, and Requests for the Production of Documents. Discovery enables you to get damaging information directly from the bank! Serving the lender with disco... [read more]
Defend Foreclosure and Win
Here are the tools you need to beat the bank! Even if you are unable to make your monthly payments, do not assume the bank has the right to foreclose on your home! The bank must have provided you very specific disclosures at closing, and taken very specific steps prior to foreclosing - or it may be barred from selling your home. For example, did you know that most mortgages/deeds-of-trust contain a paragraph (usually number 22) that requires your bank to mail you a specific notice 30 days before foreclosing? In le... [read more]