How do I respond to a mortgage foreclosure complaint?

How do I respond to a mortgage foreclosure complaint?

The defendant must sign the answer to the complaint and mail a copy mailed to the lender’s attorney. The appropriate mailing address can be found in the complaint, usually under the attorney’s signature. The answer must also be filed at the courthouse. Look on the summons to find the court’s address.

How do you write a legal response letter?

1. Provide the name of the court at the top of the Answer. You can find the information on the summons.
2. List the name of the plaintiff on the left side.
3. Write the case number on the right side of the Answer.
4. Address the Judge and discuss your side of the case.
5. Ask the judge to dismiss the case.

What does foreclosure lawsuit mean?

In a judicial foreclosure, the lender files a lawsuit against you in court. You’ll receive a complaint, along with a summons giving you a deadline to file a written answer to the suit. If you want to fight a nonjudicial foreclosure in court, you’ll have to start your own lawsuit.

How does a trustee sale work?

In real estate, a trustee sale means the sale of real property through public auction. A trustee sale usually occurs when the homeowner is in default on their mortgage, resulting in a foreclosure. In this case, after the auction is over, ownership of the property will be transferred to the highest bidder.

What is the difference between lis pendens and foreclosure?

Lis pendens and foreclosure The lis pendens is essentially your written notice that the lender is taking legal action, and you home is being foreclosed. Once you receive the lis pendens, it will likely take several months if not longer for your home to foreclose.

What happens after a lis pendens is filed?

Once a lis pendens is filed, notice is officially recorded in the property’s county. This makes the buying and selling of the property in question much more difficult, with many hurdles added to the process. This is mostly because buyers will avoid any house with disputes against the property or a cloud on the title.

Who files lis pendens?

Lis pendens can only be filed if a claim is related specifically to the property. By filing a lis pendens, an individual or entity is protecting its claim to the title pending the outcome of the lawsuit. A lis pendens is only lifted once the lawsuit has been settled.

Does a lis pendens need to be notarized?

Does A Lis Pendens Need To Be Notarized In California?? Although the signature of the attorney on the lis pendens does not have to be notarized, any withdrawal of the lis pendens, typically as a result of a settlement, must include a notarized signature or it cannot be recorded.

Can you sell a property with a lis pendens?

“The homeowner can enter into a contract to sell the property, but the claim of the person who has filed the lis pendens has to be paid or settled before title can pass free and clear to the buyer.” If the house closes, the buyer would ultimately have to accept the outcome of the pending litigation.

Can a lis pendens be bonded?

Specifically, a court can expunge a lis pendens if the court finds “adequate relief can be secured to the claimant by giving of an undertaking” (bond). This bond “allows the defendant to dispose of the property subject to suit while remaining capable of responding in damages to the plaintiff’s claim.” (On v.

Can you refinance a home with a lis pendens?

A Lis Pendens isn’t a lien or mortgage against the property but it can have the same effect. A lis pendens is a cloud on the property’s title. As long as the Lis Pendens is there, you can forget selling or refinancing your property… unless to you’re dealing with a hard money lender or buyer willing to take high risks.

What is a lis pendens bond?

A Lis Pendens Surety Bond is a bond required by probate courts. Lis Pendens is written notice that a lawsuit has been filed that concerns a property title/real property.