Friday, July 17, 2009

Foreclosure Defense Rule#1 : Always Respond to A Foreclosure Case In Writing

All too often, when a homeowner is served with foreclosure papers, they put it in the junk mail pile. In fact, homeowners pretend that it does not exist. Just a thick package of papers that will magically disappear. Sometimes, homeowners think that by talking to the bank on the phone, the foreclosure case is somehow stopped.

It's only when they receive a Notice of Sale all hell breaks loose. All of a sudden the case magically re-appears. My favorite excuse is: "We were never served any papers." I don't think so. While it's true that many foreclosure papers are not necessarily served as the law requires. For example there is a term called "gutter service", which essentially means the papers are just thrown on the ground in front of your house, in the gutter. The truth is most homeowners receive the papers in some fashion, so they have NOTICE that a foreclosure has started. It's just they choose to ignore it.

Let's get real. This blog sole purpose is to help people protect their home, protect their wealth, protect their financial future. So if there is anything that you learn from Never Sign Your Deed, its

ALWAYS RESPOND TO A FORECLOSURE ACTION IN WRITING. It is your right to defend your self. In fact, a written defense will accomplish one main objective. IT WILL SLOW THE FORECLOSURE DOWN. It is always, 100% of the time, to a homeowners advantage to slow a foreclosure case down. Why? You never know. Perhaps circumstances change that allow the homeowner to keep the property. Perhaps there is a chance to get some equity out of the property. Or the homeowner simply needs to time to get it together. What ever the reason, a written defense is mandatory.

The written defense must be mailed to the attorney who started the foreclosure. The written defense must be mailed and filed to the court where the case was started. You should consider hiring an attorney. If you can't afford an attorney, then contact a local non-profit or legal aid. If that does not work, then prepare your own answer and write yourself.

What should you say? You should say anything and everything that you feel may be wrong with the foreclosure case and may be wrong with the loan. You can contact the court where the case started to see if they have any assistance for self-represented people.

I must admit that there are some good resources on the internet. However, it is not a substitute for good legal advice.

All and all, do not sit on your ass, bite your nails, play the "if I ignore it, it doesn't exist" game.

Here are a few resources that can help you or someone you know:

  • If you or someone you know wants to learn more about a foreclosure, go to this link : What is Foreclosure?
  • If you or someone you know is feeling unsure and emotional about the situation. They need more confidence, then please read : Foreclosure Dignity
  • For a brief introduction on laws that are to protect property owners then review Your Rights link.

All in all, this issue fires us up. To often we speak to people who let a foreclosure case go on to the last minute. All of a sudden the homeowner is scrambling, perhaps considering filing bankruptcy, and making "under the gun" decision when...

If they read this post, they would have more control and perhaps some peace of mind.

Thanks for listening.

No comments:

Post a Comment