Approximately 250,000 families enter into foreclosure every 3 months due to delinquent home loan payments or delinquent property taxes. Each of these homeowners has one thing in common: they have to make the decision of whether or not to fight for their home. However, if you want to fight the foreclosure and keep your home, it's time to find a foreclosure defense attorney. Here are some reasons why:
Falling behind on your mortgage can force you to learn many legal concepts and words that you probably don't come across unless you're a lawyer, such as judicial or clerk's default.
What is a judicial or clerk's default?
A judicial or clerk's default is "a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law.”
A judicial default is issued by a judge, and a clerk's default is issued by a clerk of the court. How does that come into play in foreclosure? It has to do with the lawsuit that follows as a result of defaulting on payments.