The short answer is: not really.
It is highly unlikely that your foreclosure lawsuit will end in you getting your house for free. The only way this could happen, is through multiple oversights on the bank's part. Your lender would have to neglect to file a foreclosure action after you default on your payments of a matured loan AND they would have to neglect filing that action for several years. Each state has its own Statute of Limitations which determines how long the bank has to proceed with the foreclosure of your home.
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:
An expedited foreclosure, also known as a fast-track foreclosure, is an action pursued by the lender of the mortgage which allows the lender to foreclose on a home more quickly than the typical foreclosure process would allow. The lender files a motion to expedite the foreclosure with the courts. The motion for an expedited foreclosure is also served to the homeowner. This motion is only granted to the lender if the lender can show that the home has been abandoned and may be at risk of harm.
You can also receive a motion for expedited foreclosure when you are still living in the home. If this should happen to you, it is very important that you meet with a foreclosure defense attorney to review the documents. In most cases, you will want to hire a lawyer to make sure you follow all of the instructions and respond and object to the motion. This means you may have to submit evidence and attend a court hearing in order for the judge to decide whether or not you have abandoned the home.
You have 3 choices when served with foreclosure documents: you can respond yourself, hire an attorney or do nothing.
You have the best chance of keeping your home with the help of a foreclosure defense attorney, and you are guaranteed to lose your home if you do nothing. If neither of these choices sound good to you, you can respond and represent yourself.
Read on for a guide to starting the foreclosure defense process as a pro se litigant.
Finding an attorney to assist you with your foreclosure can be a daunting and expensive task. It's important to be aware of all of your options when you are challenged with a notice of foreclosure.
You can proceed pro se, but a better alternative is to seek free legal help. Many states have free legal aid services in every county that will find an attorney to work on your foreclosure case for free. Your eligibility for these services depends on various factors such as: residency, type of residence being foreclosed on, and your family or individual income. Depending on your case, legal aid services can offer any kind of help, from the filling out of court forms all the way to representing your case in court.
Mr. Cooper Loan Modification
We received a modification for our client's mortgage with Mr. Cooper. They were 10 months behind, and in an active foreclosure case. This new modification lowers their mortgage payments from $803.82 per month to $743.64.
Do you have a Mr. Cooper mortgage that's past due? See some of our other Mr. Cooper case results here.
This holiday season, you may get the gift of delayed foreclosure because courts and banks will be closed some days around Christmas and New Year's.
Foreclosure sale dates often aren't scheduled by courts for the end December to account for the days they will be closed.
The closures will also temporarily disrupt progress on moving a foreclosure case toward a sale.
That's means that you may have slightly more time in your home than if your foreclosure case was moving forward at another time of the year.
Foreclosure Eviction Moratoriums
It's possible to have some delays in your foreclosure case just because of the courts being closed. But there are also some actions being taken specifically to help families stay in their homes during the holidays.
If you fall behind on your mortgage, and your home is in a judicial foreclosure state, you lender must sue you in a civil foreclosure lawsuit to take your home. While being sued may sound scary, it's actually better for your in nonjudicial foreclosure states because you have more opportunities to contest foreclosure. And you want as many opportunities as possible.
But opportunities must be seized! Whether you want to keep your home by getting a loan modification, or you just want to avoid foreclosure for as long as possible so you can save money before giving up your home, you should seize the opportunities available to you by contesting the foreclosure lawsuit against you.
