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Defending against Foreclosure

Always check with a Lawyer! Due to defending against foreclosure can be very complex and costly. Consider your options carefully, keeping in mind you may be responsible for additional legal fees.

The terms and steps you need to take are outlined here:

Summons & Complaint
The defendants (the owner/borrower and or other lien holders, and sometimes the tenants) will be served a Summons & Complaint by a Marshal or Sheriff in behave of the Plaintiff (lender or other creditor) to start a foreclosure lawsuit.

You need to know the return date! That would be in the upper right hand corner of the Summons. This date is important not due to appearing in court but it is a reference point for when your papers must be filed with the court. You need to know this date to figure out the deadlines for filing the papers.

This Complaint will state the plaintiff's position in the case, such as that the plaintiff wants the foreclosure to satisfy a debt that has not been paid.

Filing the Appearance Form
The Appearance Form is the 1st thing you should do. This is a simple form that lets the court know that you are not ignoring the foreclosure. You can get a form at the County Clerk's office. With the Appearance Form you will get notices of whatever is happening in court. If you do not file this form; you will not be able to prevent the foreclosing lender from proceeding, nor would you be entitled to any further notices from the court.

The Appearance Form must be filed within 2 days of the return date! If you do not; the court may enter a default, and then you may not be able to contest the foreclosure. If for any reason you mess any deadline; Immediately contact the court clerk!

Unemployed or Underemployed Defendants
The plaintiff must tell you in the Foreclosure Complaint of your right to apply for protection if you are unemployed or underemployed! You need to apply for this protection from the court within 25 days of the return date; if you think you are qualified.

Filing an Answer
Unlike the 25 days you have with unemployed or underemployed cases. You otherwise have only 15 days after the filing the Appearance to send an answer to the complaint. Before you submit a written answer; make sure your read the complaint very carefully. When you write your answer; make sure you specify what you agree to or disagree to! You should not agree to any thing you do not understand! Also write out all possible defenses you may have; explain them in detail Make sure you sign the Answer papers!

You must file the Answer Paper at the Court Clerk's office, as well as send copies to all that have filed an Appearance in the case. Certification of Service; this is where you certify that you mailed copies that you mailed copies to everyone who has appeared in the case. Sign the Certification separately from the Answer Papers.

Most important you must file within 15 days! Or the court may enter a default. This means you will not be able to present a defense!

 
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