When homeowners find themselves unable to make their mortgage payments there is a tendency to ignore the fact their mortgage payments are falling behind. When the foreclosure lawsuit starts the banks serves the homeowners with a Summons and Complaint. Unfortunately, many homeowners simply ignore the fact they are being sued. They put their heads in the sand and hope things are going to straighten out on their own. That doesn’t happen.

Defending a Foreclosure Lawsuit

There are legal and equitable defenses that can be raised in a foreclosure case. However, there has to be a timely response to the Summons and Complaint to initiate the equitable and legal defenses that exist. In addition, a mortgage modification can be undertaken to put the arrears at the end of the mortgage payments.

When homeowners are served the Summons & Complaint and they ignore it there are negative consequences. In the end these negative consequences cause the home to be sold.

Time Request to Respond to a Foreclosure

Homeowners that are served the Summons and Complaint have at the most 30 days to submit an answer with their response to the Summons and Complaint, affirmative defenses and possibly countersue the bank to set the mortgage aside. The first step in this process is to speak with a foreclosure attorney. Homeowners owe it to themselves to have at a minimum a consultation to find out what their rights are and how they can stop the foreclosure from moving forward towards the sale of their home..

The law firm of Schlissel DeCorpo LLP has been helping families deal with mortgage and foreclosure problems for more than 30 years. We can be reached at 718-350-2802, 516-561-6645 or 631-319-8262 or by e-mail at info@sdnylaw.com.