What is the process of foreclosure defense?

In West Virginia, the foreclosure defense process begins with the homeowner filing a response to the foreclosure complaint. This response must be filed within 30 days of the filing of the foreclosure complaint. It is important that the homeowner provide all of the necessary supporting documents as evidence to prove their case. After the homeowner has filed their response, a hearing will be held in court. During the hearing, the mortgage lender will present evidence of the homeowner’s delinquency and any other documentation needed to prove their case. The homeowner will then have an opportunity to present their own evidence in support of their claim. The court will make a decision based on the evidence presented by both parties. If the court decides in favor of the homeowner, they will receive a protective order which puts a temporary stop to the foreclosure process. This allows the homeowner extra time to negotiate with their lender and come to a repayment agreement. If the court rules against the homeowner, the foreclosure process will resume and the homeowner will be at risk of losing their home. It is important to note that a foreclosure defense does not guarantee that the foreclosure process will be stopped. However, it is a necessary step toward obtaining an agreement with the lender that allows the homeowner to remain in their home. It is strongly advised that homeowners seek legal advice before beginning the foreclosure defense process.

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What is the process of foreclosure defense?

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