All About Foreclosure
You don’t fall behind one day and lose your home the next. The bank would like it to work that way, but the law doesn’t allow it to happen quite so quickly.
When you fall behind, the bank will hire a lawyer. That lawyer will file a document, called a Notice of Lis Pendens, in the county clerk’s office That document alerts the world that you are going into foreclosure, so if you try to sell the house it can’t be done unless the mortgage is paid in full.
If you don’t hire a lawyer . . .
Next, the bank’s lawyers will file a Summons and Complaint against you. This is the actual foreclosure lawsuit – and the most important document you’ll get. The Complaint outlines who is suing you, why they are suing you, and for how much money. It highlights who owns the mortgage (they’re sold from company to company all the time, and yours was probably sold before the ink was dry), and how they came to own it.
If you do not answer the Complaint, the bank will file a motion for summary judgment, which asks the court the give them a judgment due to your lack of appearance.
Once granted, the bank will seek an Order of Reference. This is a request that the court appoint a referee to calculate the amount due. The referee, once appointed, will file a Referee’s Report; at that time, the bank will request an Order of Sale.
The Order of Sale will allow the bank to advertise the foreclosure action, which will take place usually about 4-5 weeks after the first publication.
The entire process takes anywhere between 6-10 months, depending upon how quickly the bank submits documents to the court and how long it takes for the judge to review the case.
But if you DO hire me as your lawyer . . .
Once the Summons and Complaint is filed, I leap into action. I’ll rip apart the entire case, filing an Answer that raises all applicable defenses.
But I don’t stop there. Next, I’ll request documents from the bank – documents that prove ownership of the mortgage, calculations of the amounts they claim are due, and a rundown of every single fact of the case.
One I get the documents and information, I’ll dissect it to make sure the bank isn’t trying to pull the wool over your eyes. No stone will be left unturned. And no cliché will be left unuttered.
Banks frequently can’t prove they own the mortgage, the amount due, and their compliance with federal laws governing mortgages. If that’s the case then I’ll ask the judge to throw out their case and pay you damages and legal fees.
If the bank wants to foreclose, we’re going to make them do it right.
That can take years . . . which means you get to stay in your home for a year or more without paying the mortgage.
As long as there’s doubt as to the bank’s right to collect, you cannot be forced to pay.
I call it turning the tables on the banks. And that’s what I do for you.