There are homeowners which do not cooperate with their Bank and who ignore their complaint in foreclosure. Unwise homeowners are not rare at all, and indeed, from my experience they are the majority.
If you are one you can figure your move out date on a schedule as follows:
- Homeowner First Missed Payment: Month 1
- Bank Collection Efforts: Month 2-5
- Bank Lawsuit Filed: Month 6
- No Attorney Retained: Month 7
- No Mediation: Month 8
- No Application For Modification: Month 9
- Motion For Default Judgment: Month 10
- DECREE OF FORECLOSURE: Month 11
- Order of Sale: Month 12
- Sheriff’s Sale: Month 13
DEFEND!
Every homeowner is offered the privilege of defending their home in our judicial system and each homeowner should consider doing so. Another reason a homeowner should DEFEND! is simple–you love your home! An example may be helpful.
The ‘Harry Homeowner’ Foreclosure Case
Harry stopped paying his monthly mortgage payment because his spending had become in excess of his income.
The Bank tried to get Harry to pay his mortgage payments for six months. After the Bank’s six months of collections efforts failed, the Bank filed a foreclosure lawsuit.
Harry failed to retain a lawyer (I could have helped Harry file for mediation and or help Harry apply for a loan modification.) Instead, the foreclosure case progressed uninterrupted and undefended.
Unfortunately, Harry came to me for help after his home was sold at a Sheriff’s sale. By that time there was not much I could do to help Harry.
Because Harry ignored his Bank’s collection efforts and foreclosure lawsuit, his home’s foreclosure process was short and swift. From his first missed payment to the Sheriff’s sale, it took just 13 months to lose his home.
I recommend each homeowner consider opposing their Bank’s attempt to foreclose. An attorney can help defend your home by filing an answer and where appropriate, a counterclaim to the Bank’s foreclosure complaint.
If you are falling behind in your mortgage payments and getting notices or legal papers in the mail from your bank, don’t do what Harry did. Obtain competent legal advice as soon as possible.
Don’t let foreclosure myths and misinformation deter you from contacting us to find out what solutions we can offer you for your foreclosure problem!
Robert Otto Carson, Esq.
The Carson Law Office is located at 670 Broadway Ave., Bedford, Ohio, 44146
Phone: (440) 439-5959
Fax: (440) 439-5984