If you've received a foreclosure notice from your lender, one option to defend yourself is to file a lawsuit against your lender. As part of the litigation, you must obtain a court injunction preventing the foreclosure from going forward.
Before Foreclosure Litigation
Unless you and your lender agree on how to cure the default on your mortgage, you are unlikely to stop the foreclosure process without taking court action. A lawsuit must be filed with the Superior Court in the county where your property is located alleging the basis for stopping the foreclosure -- for example, violations of foreclosure or lending laws. Your lawsuit must also request that the court issue temporary restraining orders and a preliminary injunction to stop the foreclosure process while your lawsuit is pending. The temporary restraining orders are typically sought within days of filing the lawsuit and are generally granted by the court; however, by law the temporary restraining orders cannot last longer than 22 days. Therefore, the court will also set a hearing date within the 22 days regarding whether a preliminary injunction should be issued stopping the foreclosure for the duration of the lawsuit.
After the Foreclosure Sale Litigation
If your property was sold at foreclosure, you can still file a lawsuit against your lender to set-aside the sale -- but the chance of success at this point is very limited. You will most likely be evicted from the property, even with such a lawsuit pending. Your best bet in using the foreclosure litigation process to defend against a foreclosure is to file your lawsuit soon after the notice of default is recorded.
Don't lose your house to foreclosure recovery scams!If any firm claims they can stop your foreclosure immediately if you sign a document appointing them to act on your behalf, you may well be signing over the title to your property and becoming a renter in your own home! Never sign a legal document without reading and understanding all the terms and getting professional advice from an attorney, a trusted real estate professional