Mortgage Foreclosure

Borrower Default

Default occurs when the Borrower fails to perform an obligation secured by the mortgage, usually, nonpayment of monthly mortgage payments. A default may also include failing to maintain the property insurance, taxes or homeowner / condominium association assessments.

Service of Summons and Complaint

When a default occurs, the Lender (or authorized loan servicer) will file a Complaint for Foreclosure with the Court and you will be served with a copy.

Response to the Complaint

You are given 20 days from the date that you are served to file a response with the Court and serve a copy of your response. If you fail to respond to the foreclosure complaint, a Default will be entered against you.
Respond to the Lawsuit:

A “lis pendens” will be publicly recorded as notice that a lawsuit has been filed affecting your property title or some interest in the property. You are given 20 days from the date that you are served to file a response with the Court and serve a copy of your response on the Plaintiff. If you fail to respond to the foreclosure complaint, a Default will be entered against you.

Attend Hearing

Residential Mortgage Foreclosures are usually accomplished through a “Summary Judgment”. The Lender (or authorized loan servicer) will file a “Motion for Summary Judgment” and a Hearing will be scheduled. You will receive a Notice of Hearing via US Mail with all the relevant hearing information.

Judgment

If a Summary Judgment is entered in favor of the Lender (or authorized loan servicer), they will obtain a Judgment of Foreclosure. The next step is sale of the property. A foreclosure sale date will be scheduled after the foreclosure judgment. If you are in the process of a loan workout, the bank may agree to a sale date that is 60-90 days after the judgment, however, they are not required to do so.

 

Our Foreclosure attorney will provide a free legal consultation to advise you of your options and vigorously defend you! We communicate directly with the bank and their attorneys to advocate on your behalf to avoid foreclosure.