Facing Foreclosure In Court
Photo by Tanya Ryno
Are you facing a foreclosure on your home?
Are you tired of getting scary legal documents and court summons in the mail?
It can be very tempting to just ignore it all.
Maybe you have said to yourself, “Aw, to hell with it — I am just going to walk away from this mess.”
Read this very carefully.
I’m going to share what you have not been told — not by an attorney, your friendly investor, your mortgage broker, and surely not by your real estate broker.
Do Not Pretend It Will All Go Away
If you play in a baseball league, and you don’t show up for a game, the other team wins by forfeit. It works the same way in the legal system.
If you fail to defend your foreclosure simply because you did not answer the complaint, then the judge will automatically give the plaintiff (lender) a “default judgment”.
Now read this a couple of times over. In most states, if you get a default judgment against you, it is entered into the public record and will remain there for many years. Here in Florida it can remain for twenty years.
What Does A Default Judgment Do To My Credit?
Let’s say it’s five years later, and things have straightened out for you. You have a decent job, and want to buy another house. You have been paying your bills on time.
But when you apply for a loan, the underwriter or title company always checks public records. And there it is, sticking out like a sore thumb — a judgment on your record.
You will not get a mortgage until that judgment goes away.
How Do I Answer A Foreclosure Complaint?
Photo by dbking
How do you protect yourself from what is happening to you?
Summon your courage, and defend yourself against a foreclosure:
1. Answer the complaint even if you don’t have an attorney.
2. Do so before the deadline spelled out on your complaint.
Is it hard to answer a complaint? Not at all! Just follow the instructions.
If it says to show up in court within twenty days — then show up in court within twenty days!
You may be nervous to appear in front of a judge and an attorney — but ask yourself why you are willing to just roll over and just accept a judgment without a fight.
In Get Out Of Credit Prison, I share several ways that you may actually be able to legally get your case thrown out by a judge.
Before you ignore that forclosure complaint, my friend, think ahead!