What To Do With Your Foreclosure LawsuitNo, throwing the lawsuit in the garbage won't work! It may feel good to burn it or at least ignore the darn thing, but it won't help in the long run and there are far better options. You'll need to respond within 20 or 30 days depending on the state you're in so get ready to fight.If you haven't been sued but still aren't making monthly payments, you're next. Don't be fooled if you haven't heard from the bank - unfortunately they haven't forgotten you!As a result of numerous deficiencies uncovered from the first round of foreclosure lawsuits, most banks have put their foreclosure proceedings on hold while hoping to improve the way the foreclosure lawsuits are handled. When the overhaul is complete, the next major surge of foreclosure lawsuits will follow and likely continue for several years thereafter. Once you're formally served with a copy of the foreclosure lawsuit, you'll need to decide whether to have an attorney handle the case or defend your own foreclosure lawsuit. To help with that decision, we've outlined some of the possible foreclosure defenses that may help you buy more time or even win the foreclosure lawsuit. Possible Foreclosure DefensesThere are several potential foreclosure defenses that can help you dismiss the lawsuit, delay the process to get more time to implement your overall foreclosure plans and in some circumstances actually win the lawsuit and own your home free and clear of defective loan agreements.There are six general categories of legal defenses to foreclosure lawsuits-defective service of the lawsuit papers, standing/chain of title issues pertaining to who actually owns your loan and has the right to sue, loan closing related defenses based on federal disclosure requirements, breach of contract, fraud or misrepresentation and "catch all" defenses that may help if you're missing one or more of the key elements for other defenses. Once you understand the foreclosure defenses and strength of your case, you'll be ready to decide if should hire an attorney or defend your own foreclosure lawsuit.
Detailed Discussion of Potential Foreclosure Defenses Should You Hire An Attorney?If you can afford it, hiring a lawyer with expertise defending foreclosure lawsuits is the best way to protect your foreclosure rights. An experienced attorney will help evaluate your case, decide which defenses apply and develop a foreclosure solution tailored to your immediate needs and ultimate goals. Further, by hiring an attorney in your area, you don't need to waste time learning local rules and can work together using the sample documents we provide to present the strongest possible case.However, not all attorneys have experience handling foreclosure cases and many lack either the communication skills or desire to properly handle your lawsuit. As a result of this disparity, it's absolutely essential to understand how the mortgage foreclosure process works to make sure that your lawyer is doing everything possible to stop your foreclosure. The more you understand about the timing of the foreclosure phases and mechanics of foreclosure lawsuits overall, the better your ultimate outcome will be so read through our entire site before meeting with a lawyer to discuss what they can do for you. When your lawyer knows that you understand the foreclosure process, you'll be able to work together to facilitate the best possible outcome and won't be taken advantage of by someone trying to do less than you're entitled to.
Find Qualified Lawyers in Your Area Defend Your Own Foreclosure LawsuitAlthough you may initially feel overwhelmed and unprepared to defend your own foreclosure lawsuit, it's much easier than you think with help from our Sample Documents and detailed instructions. What you need to understand is that no one cares about your home as much as you do meaning what you lack in experience can be replaced with heart,determination and effort.Many homeowners don't have the money to hire lawyers with legal fees ranging from $5,000.00-$10,000 or more depending on the value of your home. If you had extra money for legal fees there's a good chance you wouldn't be in a foreclosure lawsuit in the first place! As a result there may be no option once suit has been filed but to defend your own foreclosure lawsuit while simultaneously pursuing one or more of your foreclosure options. Even for homeowners and investors who can hire a lawyer, if you don't find a good one you'll be better off defending yourself. If you don't want to represent yourself and can't get a referral from someone you trust, we'll direct you to local foreclosure defense attorneys who can help. Documents to Defend Your Foreclosure LawsuitOnce served with a foreclosure lawsuit, depending on the facts of your case and the state you're in, you'll need to respond within 20 or 30 days. The response can be a Motion for More Time, Motion to Dismiss the Lawsuit or Answer and Affirmative Defenses.If you defend your own foreclosure lawsuit, and even if you hire a lawyer to help defend your case, use our Sample Documents as a guide to show you the information needed and general format for Answers, Affirmative Defenses, Counterclaims, Motions and Discovery. Just download the documents, modify for your situation and work with your lawyer or do a little research to conform to state procedures and most of your work is done. We can't provide legal advice although we will direct you to qualified lawyers in your area. Because each case is different and state requirements vary widely, you'll either need to hire a lawyer or do additional research yourself at the local courthouse or law library to make sure you comply with state law. However each of the documents were prepared by our team of licensed attorneys so they are a good starting point but should not be used without further information or assistance. If that doesn't prove we're attorneys nothing will!
SAMPLE FORECLOSURE ANSWER
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