The Foreclosure Process

You’re probably experiencing many emotions right now.

When people call us all the time, they are typically frightened, confused, and overwhelmed.

This desperation goes away quite quickly after even an initial consultation when your questions are answered and we become your advocate to protect you and restore your peace of mind.

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The foreclosure process formally begins when you as the borrower default on the payment obligations of your mortgage and note. The lender will promptly send you a Notice of Default of the loan which typically offers you at least a thirty (30) day period to cure the default or work out other terms with the lender to avoid a foreclosure suit. If that is not accomplished, the lender then files its Complaint for Foreclosure and Lis Pendens, which is a notice of pending litigation.

If you have been served with a foreclosure suit, you have twenty (20) days from the date of that service of process to file a responsive document or pleading!

A skilled foreclosure attorney can evaluate your specific complaint and devise a strategy for the filing of an appropriate responsive pleading.

If you do not file a responsive pleading within twenty (20) days, the Clerk of Court may, on its own initiative, or by motion filed by the lender, enter a Default against you.

The case then is considered to be “uncontested” and will move rapidly through the process to entry of judgment against you and sale of your home.  Time is of the essence and it is imperative you consult a foreclosure defense attorney before this can occur.

If you file a responsive pleading, the case is considered to be “contested” and your lender will have to file and produce various documents to prove the allegations of its Complaint for Foreclosure.  Navigating successfully through a foreclosure litigation can be stressful and complex.

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