Monday, May 5, 2014

Foreclosure Hearings: What to Expect

In a foreclosure case, the lender’s main goal is to satisfy the mortgage owner’s outstanding balance. If the balance isn’t paid, the lender will start legal processes to claim the property from the owner and enact measures to recoup its expenses. Before the home can be sold though, the lender will have to schedule hearings to demand the borrower to pay the total balance of the unpaid loan. If you received a foreclosure notice, here’s what to expect from your hearings:

Preliminary hearing

At this hearing, you will be given the chance to present your case to the judge. If you present an acceptable reason for not being able to make payments on your mortgage, the judge may require the lender to give you enough time to work your issues out. If not, the judge will rule in favor of the lender and the foreclosure case will move toward summary judgment.

Summary judgment hearing

In general, a summary judgment hearing is held 20 days after the lender moves for summary judgment. At this hearing, it is the lender’s turn to present a case against you. You may give testimony and provide evidence if you are present, but if you aren’t able to dispute the lender’s claims, the judge will likely rule against you and grand the lender the right to foreclose and sell your property.

To increase your chance at success at these hearings, it is imperative that you work with an experienced foreclosure attorney.

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