Expert Foreclosure Help

Track Your Foreclosure Lawsuit Through the Local Court System

An important point that homeowners should consider is keeping on top of all of the court proceedings if the bank sues them for foreclosure. Borrowers have every right to know and defend against any actions taken against them by their lender; simply falling behind on a mortgage payment does not automatically mean eviction is inevitable and will occur randomly, which is what many homeowners irrationally fear. If for no other reason, homeowners should keep up with the legal process just to know how much time they have left to save the house before a sheriff sale or move before being forced out.

The first way to track any foreclosure court proceedings is to keep an eye on the mail, especially any certified letters or documents posted directly on the property. All documents that are filed with the court in connection with a case, from the initial complaint to the order for eviction, must be sent to both the plaintiff and the defendant. Banks often have the local county sheriffs department or a professional process server hand deliver the complaint and any orders of the judge to the homeowners to make sure that they have been notified of all the steps taken during the foreclosure.

Also, many county governments now have the docket for each case available online through the official county website. This may be just a chronological listing of all of the actions taken during the case up to the present time, or it may even include digital scans of the actual documents filed, which may be available for download or purchase. In many cases, the most basic information given will include the contact information of the parties involved in the foreclosure lawsuit, any attorney information, the most recent motions filed and by whom, and if there is a hearing scheduled for any reason and when.

A final way to track foreclosure proceedings through a court is to call or visit the county clerk of court, who retains copies of all documents filed in civil and criminal cases. Homeowners are able to review or make their own copies of the complaint, answer, and all other motions right at the courthouse where a government official can answer (or not) any questions. This is also a useful resource for learning how the foreclosure process works in that individual state and county, as rules and laws vary considerably throughout the country.

One of the most common complaints of homeowners in foreclosure is that they feel they are in the dark about how the process works and how much time they have left. Especially if they have failed to pick up certified letters from the bank or have not read the complaint delivered by the sheriff, it may be difficult to know where their house is in the legal system. Too many homeowners do not find out about the auction of their house until the new buyer shows up to inspect the property or the bank is granted an order for eviction. Even if homeowners have no intention of defending a foreclosure lawsuit, though, they should pay careful attention to where the case is in the courts so that they can adequately plan for the future.

Nick writes for the Foreclosure Fish website, which aims to teach borrowers how to stop mortgage foreclosure before it is too late. The site describes various solutions to the foreclosure process, such as loan modification, deed in lieu, cash for keys, short sales, and more. Visit the site to read more articles about various aspects of foreclosure, and download a free e-book: http://www.foreclosurefish.net/