HudsonLawGroup > Real Estate > Foreclosure

Most US states (29 and the District of Columbia) recognize foreclosures as a type of disposition of property. It is possible to start this process if a trust agreement was concluded and not a mortgage agreement.

The foreclosure process is not the same in all states where it is allowed. It all depends on local legislation. Your creditor must file a default notice or similar document with the county registrar’s office in any case. After that, a date will be set when your home will be put up for sale, usually at an auction.

But in many cases, the creditor needs to file a claim in court immediately, and you have the right to file a response claim. The lender is asking the judge for permission to sell your house. But he cannot do it without a court order.

This claim can be canceled if you can pay off all of your late payments within 30 days. Also, you only have 30 days after receiving notification that the creditor is suing you to hire a lawyer. It is necessary to collect all the documents in writing and provide arguments to the court in their defense. An experienced lawyer will help you change the odds in your favor and will represent you in court.

You also have every right to sue the creditor if he changed the locks in your house and does not let you in there even before the court ruling in his favor.

A lawyer will help you review your loan agreement. It may well be that there are signs of fraud. For example, you were given a loan, although your income level did not match it. This will increase your chances of getting a judgment in your favor.