WHAT IS FORECLOSURE DEFENSE?

by Mike John

·     *  KEEP YOUR PROPERTY  

·     *  ANSWER THE LAWSUIT

·     * BURDEN OF PROOF IS ON THE PLAINTIFF (BANK, TRUST, OR TRUSTEES)

·     * PLAINTIFF MUST VERIFY THE COMPLAINT

          Foreclosure is a legal action in a civil court against land, that names the record owner as 'Defendant'. Your name appears in the header because it is your right to respond, and not because you are personally liable. It is a lawsuit that demands money-judgment against real property and then a "Sheriff’s Sale" to spend that credit. Mortgage Foreclosure is only a court case to bring a "Securities Auction" where the Plaintiff will bid its judgment credit against the purchase of the real estate: maybe your house, business, farm or another place.

YOU MUST ANSWER THE FORECLOSURE COMPLAINT

OR YOU WILL LOSE THE PROPERTY!!

WHAT ARE MY DEFENSES IN FORECLOSURE?

·        * PRELIMINARY OBJECTIONS TO THE CASE

·        * ANSWER AND COUNTERCLAIM

·        * PETITION TO STRIKE THE JUDGMENT

·        * PETITION TO SET ASIDE A SHERIFF’S SALE

·        * DEFENSE AGAINST EJECTMENT

·        * ACTION TO QUIET TITLE

·        * COUNTERSUIT DAMAGES

·        * FEDERAL COURT ORDER

And remember, ANY adverse ruling of ANY step of your defense can be appealed! Using this list of defenses means that even if the judge refuses to follow the law and rule in your favor, it can take the plaintiff three, four, and often more years to eventually “win.” All that time you will be living in your home with time to decide your next steps.

WHAT IS "EJECTMENT"?

          Ejectment is a lawsuit to get possession of real property. The Bank has no right to take possession of your home, because they cannot take possession of anything. A Bank is a corporation in another city or place, but "Ejectment" is a demand for possession by someone with the right and means to take immediate possession.

FAQ's

1)    There was a Sheriff’s Sale recently, so does that mean I have to leave my house?

          You are entitled to remain in your possession of the premises as you are still the only tenant of the property. The Sheriff does not convey ownership of your house, he only writes a "Sheriff's Deed".

2)    Can the Bank call the police and make me leave my home?

          Only the County Sheriff will enforce Court Orders over the possession of real property. It is not a police issue, it is a 'civil matter'.

3)    What happens after a "Sheriff's Sale"?

          The Sheriff may write a new deed, but the foreclosure and Sheriff’s Sale do not give possession to anyone, it is only a title for later action in another case called "Ejectment".

4)    What can I do about a "Sheriff's Sale"?

          After a Sheriff’s Sale, you can petition the Court for relief: to redeem the property, to set aside the sale, or for another demand.