OVERVIEW OF FORECLOSURE ACTIONS
When the bank starts a foreclosure action against you, the first thing you should do after being served with the Summons and Complaint is to hire an attorney with the necessary “foreclosure experience.” If you ignore the foreclosure action, pretending it doesn’t exist, you only make it easier for the bank to take your property/home away from you. It may happen quicker than you think…
So if you want to slow the foreclosure action (or even have it dismissed and/or the mortgage possibly voided) find an attorney with enough experience in foreclosures to protect your rights by seeking positive results. Many defendants in foreclosure actions wrongly try to “do it themselves” in order to save money by not hiring an attorney. This is a big mistake because most defendants do not know what defenses to raise in a foreclosure action – or how to ask for the possible positive outcomes. Oftentimes, if you do not raise a defense at the right time in the foreclosure action, you forfeit or “waive” that defense for the rest of the foreclosure action against you, in other words, you forfeit those defenses “once and for all.” Further, the laws regarding foreclosure issues is constantly evolving, so you must hire an attorney who keeps current on changing foreclosure laws.
Mounting a defense against the foreclosure action will provide opportunities and will “open doors” that would not be available to you if you “default” in the foreclosure action (i.e. – if you do not contest the foreclosure action). Mounting a proper defense may allow you to:
- Obtain a modification, short sale, short pay off or “cash for keys,”
- Have the foreclosure action dismissed temporarily or forever,
- Have the Mortgage rescinded (i.e. – voided and removed from the public record),
- Have money paid to the bank previously refunded to you,
- Have the bank pay your attorney fees in the foreclosure action.
Only an experienced attorney is able to properly seek theses results for you. Most borrowers/defendants do not have the necessary time, ability or interest to do so. Indeed, many attorneys may not know how to seek and obtain these results for you. So find the right attorney for you and defend the foreclosure action!