Foreclosure Defense Attorney Can Help With Your Case
We have discovered that many IRS clients are currently having financial trouble and often find themselves in foreclosure. Having the foreclosure process as one of our specialties, we have been helping people with the foreclosure defense procedures since 2001, long before the current mortgage mess. So, we understand the best way to approach, AND overcome foreclosures. Here are the basic steps in the foreclosure process:
1. Default
If a homeowner misses one or more mortgage payments the loan is considered to be “in default, and the mortgage company may send a “Notice of Default” to the homeowner. The Notice of Default will give you a time frame to bring the loan current.
2. Complaint Filed
A foreclosure starts with the mortgage company filing a complaint with the court in the county where the property is located. The complaint is the initial pleading which contains a set of allegations on which the claim for relief is based. The complaint generally is arranged in a list format, with numbered or lettered allegations. A Summons is issued with the Complaint. A Summons serves as a Notice to the Defendant that a law suit has been filed and when and how the Defendant should respond to the Complaint.
3. Service of Process
In order to gain jurisdiction over a defendant, the Summons and Complaint must be properly served on the defendant. In Illinois, a Summons and Complaint may be served by Personal Service (the defendant is handed the Summons and Complaint); Substitute Service (giving a copy of the Summons and Complaint to someone who lives with the defendant. That party must be over 13 years old. In addition, the Summons and Complaint must be mailed to the defendant); or, Service by Publication (a notice is printed in a local paper). Whether Service of Process was proper can be a complicated issue. Often, homeowners are not properly serviced with a Foreclosure Summons and Complaint.
4. Court Date
After the Summons and Complaint are served, the homeowner generally has 30 days to file an Answer and Appearance. The Answer and Appearance are legal documents, that must be in a particular format. After the 30 days, the court may have a Case Management Date, or the mortgage company may bring a Motion for Default and Judgment.
5. Judgment
If the homeowner fails to appear, or the court finds the mortgage company’s allegations true after a hearing, the court enters an Judgment Order in favor of the mortgage company. A homeowner may bring defenses to the foreclosure action. If the court finds that the mortgage company has failed to prove all the allegations, Judgment may be entered in favor of the homeowner, and the case will be dismissed. In Illinois, the homeowner has a least three months from the date of Judgment to redeem the property. Redemption is when the homeowner pays the full amount of the mortgage company’s claim (principle, interest, and all costs).
6. Sale
After the redemption period expires the mortgage company may place the property up for Judicial Sale, or auction. After the sale, the mortgage company must go back to court in order to get the sale confirmed. In Illinois, the sale is not final until the Judge enters an Order confirming the sale.
More Articles on Foreclosure:
Foreclosures in Illinois
Avoiding Deficiency Judgments in Illinois Foreclosure Cases
IRS Problems and Foreclosure