The Foreclosure Complaint is a lender’s way to advise the Court that they believe you have defaulted on your obligations and that they are permitted to sell the property at Sheriff Sale to try to get their money back. Foreclosure is an action for possession. They will include anyone and everyone that might have an ownership interest in the property so that the Buyer at a Sheriff Sale will get a good title to the property.
If you receive a foreclosure complaint, it is essential to contact an experienced foreclosure lawyer. If you intend to fight the foreclosure, it is necessary to file a contesting answer within 35 days of receiving the complaint. An answer is the formal legal document that is made and filed in response to the complaint. In the answer, you admit the allegations that are true and deny those that are false. You must also set forth any defenses you have to the foreclosure. Defenses are the reasons that you believe that the Plaintiff does not have the right to obtain a foreclosure judgment against you. Responding to a foreclosure complaint can be confusing given the various technical requirements of preparing and filing the answer.
If the Defendant does not file an answer on time, the Plaintiff’s attorney can ask the Court to enter a default and then seek a final judgment of foreclosure. However, 14 days before the Plaintiff can file a request for entry of the final judgment, they must send the borrower a notice offering them a last chance to cure the default. If you cannot cure the default and the court grants final judgment to the lender. If you have received a Foreclosure complaint, please feel free to contact Mortgage Audit Online for a consultation where we can discuss;
For information on foreclosure defense call us at (877) 399 2995. We offer litigation document review support, mortgage audit reports, securitization audit reports, affidavit of expert witness notarized, and more.
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