1. The lender files a lawsuit and has a summons (a request to appear before a court or a judicial officer) served on everyone who may have some interest in the property. Once the summons has been served, the court has power, or jurisdiction, over the person served, and the person served is a party to the lawsuit.
2. Each person who has an interest in the property (defendant) has twenty days from service of the summons to respond with an answer. If a person fails to file a response to the summons, a default (automatic foreclosure) could be entered.
3. After an answer is filed, the case enters the discovery stage. At this stage we investigate your case and look to see if the lender has all of the legal evidence needed for them to win. Discovery usually involves the exchange and examination of relevant documents; requesting and providing answers to written questions; or live, sworn, witness testimony before a court reporter. The discovery phase may last for a considerable period of time. During this period you are still living in your home or retaining ownership of a rental property.
4. Once discovery is complete and the lender has provided all of the legal evidence to prove their case, one or more of the parties may ask the court to Rule on the case.
5. At a trial of motion for summary judgment hearing, the judge will then make a decision and issue a final order on the case.
If your lender moves to foreclose on your home, defending your foreclosure can buy you time, but most of all, can force your bank to come to the bargaining table and negotiate with you in good faith. Get help from an attorney experienced foreclosure cased to defend you.
The Foreclosure Process
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