Seven Things You Should Do If You're Facing Foreclosure And Want To Fight It

Facing a foreclosure lawsuit can put you in what feels like a hopeless situation. However, it's possible to fight a foreclosure lawsuit and save your home. In fact, many homeowners succeed in fighting foreclosure lawsuits all the time.

The following are seven things you should do if you're facing foreclosure and want to fight it. 

Find an attorney who works in foreclosure lawsuit defense

If you want to fight foreclosure proceedings against you, your first step is to find an attorney who is familiar with foreclosure lawsuit defense. An attorney will know which strategies are your best bet for successfully fighting the foreclosure. 

Learn about the foreclosure and foreclosure defense process

When you meet with your attorney initially, you should learn as much as possible about how foreclosure works and how those facing foreclosure successfully defend themselves against it.

Some of the most common strategies for fighting foreclosure include showing that mortgage agreement terms were unconscionable or showing that the lender conducted foreclosure proceedings improperly. 

Research the initial terms of the mortgage

Your attorney is probably going to want to see any documents or contracts you signed when you initially took out the mortgage loan. Your attorney can then analyze these documents to determine if any aspect of the mortgage loan could be considered predatory. 

Carefully document all correspondence you've received from your bank

It's important that you save all letters you get from your mortgage lender so that you can present them to your attorney. Your attorney can determine if your mortgage lender didn't properly notify you of the imminent foreclosure or file the foreclosure lawsuit properly. 

Consider the possibility of filing for bankruptcy

Many homeowners successfully fight off foreclosure by filing for bankruptcy. Your lenders cannot take your home away from you if you are able to file for a Chapter 13 bankruptcy. If you file Chapter 7 bankruptcy, you might at least be able to succeed in temporarily stalling a foreclosure. 

File an answer to the foreclosure lawsuit

One of the first steps to responding to a foreclosure lawsuit is responding to the complaint or petition you receive from the court. You'll typically need to send an answer to this complaint within about a month of receiving it.

You should discuss and draft an answer letter with your attorney to make sure you are handling the task properly. 

Note the date of your summons and make sure you show up

Along with the complaint, you should also receive a summons from the court that tells you what your court date is. It's important that you or your attorney show up for any court dates if you want to succeed in defending yourself against the foreclosure lawsuit. 

Contact an attorney who can help you with judicial foreclosure lawsuit defense to learn more.

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