I added a small counter on the top of this site to count the number of Sheriff's sales that were scheduled and then cancelled because of a pleading I filed on behalf of a client. In a way this is a measure of success and the bigger that number becomes it would appear that we are having more success. Viewing that number as a measure of success will be short sighted and ultimately demonstrate a lack of success.
I want homeowners who have a judgment against them and a Sheriff's Sale scheduled to know that there's still hope. However, I want homeowners facing foreclosure to learn that they must defend the lawsuit and hire an attorney to do so. The earlier the better. As soon as a complaint is received the homeowner should be contacting an attorney. In the early stages legitimate defenses must be met and overcome by the Bank. After judgment, those same defenses can be avoided by demonstrating a lack of "excusable neglect". The homeowner is again put on the defensive side of the issue. Instead of taking charge of the litigation; explaining the many failures of the Bank to follow the rules (rules previously established by the Bank), the homeowner is left hoping the Court will understand their plight.
I am not implying that the Courts or the Judges are less than fair. But sometimes in a fair game homeowners will lose. Do everything possible to put yourself in a position to win; i.e keep your house with a manageable payment. Defend the foreclosure complaint; hire an attorney, and do it early in the process.
Share on Facebook
Share on Twitter
I'm busy working on my blog posts. Watch this space!