Civil Litigation

The judicial foreclosure process starts when a lender sues a delinquent borrower in the county where the property is located. To initiate the suit, the lender (the plaintiff) files a document called a “complaint for foreclosure” or “petition for foreclosure” in court.

If you’re facing foreclosure, you might be able to stop the process by filing for bankruptcy, applying for a loan modification, or filing a lawsuit. If you’ve fallen behind on your mortgage payments and a foreclosure sale is looming in the very near future, you might still be able to save your home.

Judicial Foreclosure

– Respond to the summons and complaint the bank or mortgage company serves you. …
– File an answer to the foreclosure complaint stating your arguments for contesting the foreclosure. …
– Submit statements under oath pertaining to any additional evidence you have proving your position.

Once the home is sold, the new owner has the option of evicting anyone who remains in the home. A minimum of four months has elapsed by this point, and this is the first time in the foreclosure process that anyone can legally ask you to leave.