The Discovery Process Before Trial In Judicial Foreclosures

The discovery process allows each side the opportunity to collect its evidence in order to prove its case should the matter proceeds to a trial. Each state has its own discovery rules but most include the right for either party to serve written questions on the opposing side. These questions are called interrogatories and they Read more…

Filing A Formal Answer To Lenders Complaint in Judicial Foreclosures

Most state laws require that you formally answer the lenders complaint with a responsive pleading commonly referred to as an Answer. Most states require that you, as the defendant in a legal action, file and serve a written legal Answer to the complaint in proper legal form within thirty days of the lenders complaint being Read more…

Why The Lender Will File And Record Notice Of Claim On Your Property In Judicial Foreclosures?

Your lender upon filing the complaint will immediately file a notice of the foreclosure action with the counties recording office. The Latin term for this is called “lis Pendens” which means pending action and it serves to give notice to any party considering purchasing the property or otherwise encumbering it that some person or entity Read more…

Examples Of Material Inaccuracies In The Notice Of Trustee Sale In Non-Judicial Foreclosures

Failure of the trustee to accurately identify the specific location and time where the auction will be held can be fatal to the sale – but be aware that in many states an actual street address need not be included if the document otherwise contains sufficient information to identify the property. Failure to provide timely Read more…