What is the process of foreclosure defense?

Foreclosure defence is the legal process of protecting a homeowner from losing their home due to the failure of the homeowner to make mortgage payments. In California, the foreclosure process begins with the lender (or "servicer") filing a Notice of Default with the county recorder. This publicly records the default and formally starts the foreclosure process. The next step is for the servicer to initiate a trustee sale. This is a public auction conducted by a trustee appointed by the lender. It is important to note that if the homeowner has not hired an attorney prior to this point, they should do so immediately. Once the homeowner has legally retained an attorney, the attorney will investigate the foreclosure proceedings to ensure that all of the legal deadlines have been properly met and that all of the proper documents were filed. The attorney may also advise the homeowner to seek alternate financing options such as loan modifications or refinancing. If alternate financing is not a viable option or the foreclosure proceedings are unlawful, the homeowner may choose to fight the foreclosure in court. This will require the homeowner to enter an Answer to the Complaint and make motions to contest the foreclosure. The homeowners’ attorney will represent them in court and try to negotiate a settlement or an adjournment of the sale. In some cases, the court may order that the foreclosure be suspended or dismissed. Ultimately, the goal of foreclosure defense is to give the homeowner more time to find a way to save their home and avoid foreclosure. It is important to consult an experienced foreclosure defense attorney to ensure that the homeowner’s rights are protected throughout the foreclosure process.

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What is the process of foreclosure defense?

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