Complaint For Foreclosure In Mecklenburg
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To contest a judicial foreclosure, you have to file a written answer to the complaint (the lawsuit). You'll need to present your defenses and explain the reasons why the lender shouldn't be able to foreclose. You might need to defend yourself against a motion for summary judgment and at trial.
One way to attack a foreclosure is to argue that the foreclosing party does not have standing to foreclose. If the foreclosing party cannot produce the promissory note on which the loan is based, the court likely will dismiss the case.
For homeowners facing immediate foreclosure, filing for bankruptcy or obtaining a temporary restraining order (TRO) can be effective solutions. Chapter 7 or Chapter 13 bankruptcy creates an “automatic stay,” which temporarily halts all collection activities, including foreclosure auctions.
The Purchaser at the foreclosure sale must allow the tenant to stay at the property until either the end of the existing lease term or one year from the date the purchaser acquires “title” (legal ownership of the property)whichever is sooner. The purchaser is not required to renew the lease.
The Stages of Foreclosure Stage 1: Default of Payment. Stage 2: Notice of Default. Stage 3: Notice of Sale. Stage 4: Foreclosure Sale. Stage 5: Eviction.
A reinstatement is the simplest solution for a foreclosure, however it is often the most difficult.
You can potentially file for bankruptcy or file a lawsuit against the foreclosing party (the "bank") to possibly stop the foreclosure entirely or at least delay it. If you have a bit more time on your hands, you can apply for a loan modification or another workout option.
