Blac Wall Street

Homeowners are not powerless when faced with a foreclosure sale.

This article explains a homeowners general rights to defend or delay a pending home foreclosure, the homeowners’ right after foreclosure sale, and additional rights.

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Your Rights in the Mortgage Foreclosure Process

Preliminary Notices

In every state, you are entitled to notice of a pending foreclosure on your home. Always pick up any certified or registered mail, even if returned to the post office. Keep all the notices that you receive from the servicer, lender, or foreclosure attorney in one place, like a folder or notebook.

Notice of Default

You will almost always get a “notice of default” or “notice of delinquency” from the loan servicer that says that you have fallen behind on your payments. It may look like any other collection letter. It tells you how many payments you are behind and the payment amount to catch up and get out of default, often called “the arrears.” It will also give you a deadline to make this payment to avoid foreclosure.

The Right to Reinstate

Many states & mortgage contracts allow you a second chance even after the servicer demands the full balance on the loan, by “reinstating” the mortgage. Usually, this means getting caught up on your missed payments together with foreclosure fees & costs. Many mortgage contracts give you this “right to reinstate” up until five days before the foreclosure sale, & some servicers accept payment right up to the sale date. Your servicer may require that the payment be by certified or bank check & sent to the law firm handling the foreclosure.

How Long Does Foreclosure Take?

A foreclosure can take from three months to a year or more. Much depends on your state, the servicer, and your own actions. But no matter how long the foreclosure takes, your own delay in developing a plan always will make matters worse for you.

How a Lender Gets Permission to Foreclose. Foreclosure procedures are established by state law and by local practice. In some states, the lender first files suit in a court, usually in the county where your home is located. You receive a summons, or a similar notice usually brought to the house by a sheriff, constable, marshal, or process server. This notice gives you a period of time to respond to the foreclosure lawsuit and to raise your defenses. Your answer must be in writing and filed with the court. If you do not respond at all, a default judgment will be entered against you. If you file a response, the court may only enter a judgment against you if it finds your defenses have no merit.

The Foreclosure Sale. Servicers must send you notice of the date and time your home will be sold. In some states, this notice is combined with the notice of acceleration, discussed above. The sale date is a key date because that is when you lose your rights as the owner to obtain a workout or to use the bankruptcy process to prevent foreclosure.

Only a government official can carry out an eviction. The eviction consists of a supervised change of locks and removal of your personal property from the house.

If you have received a foreclosure notice – we can help.
If you have received an auction date for your home – we can help.
If your home was auctioned off at a foreclosure sale – we can help.
If you have received an eviction notice, after losing your home to a foreclosure auction – we can help.