Why do I need a lawyer to help with foreclosure?

 Once the bank has filed a complaint against you, it must serve you with a summons and a copy of the complaint. If you’ve called the lawyers at EV Häs, then most likely, you’ve already been served with that complaint.

It’s very important to stay on top of your case. Ignoring it is the worst thing you can do. Taking no action results in a default judgment. That default judgment significantly shortens your time in your home. Even if you are already working with your bank on a loan modification, the case may proceed forward. The two processes are entirely separate.

This is why people benefit from having a foreclosure defense lawyer. EV Häs will fight your foreclosure case, extending your time in your home. We also assist you by working with the bank. In our experience, having a team working on your behalf puts you in a much better position to save your home.

How does a foreclosure case progress?

 Service, Appearances, and Answer

Once you are served, you have about 28 days to file an appearance. This puts the plaintiff on notice that you’re involved in the case. You must also file an answer to the complaint. A simple appearance is not enough.

Motions to Dismiss, Affirmative Defenses, and Counterclaims

It is also possible to file a motion to dismiss. Navigating this on your own is difficult. An answer can also include affirmative defenses and counterclaims. An affirmative defense says, “Yes, but,” to the complaint. Even if the facts in the complaint are true, an affirmative defense asserts some other issue that defeats the complaint. A counterclaim is brought against the bank seeking damages for its misconduct (if any).

Having strong defenses will extend your timeframe. The bank’s attorneys will have to file a motion to defeat the defenses. These motions get set on what is called a briefing schedule. The schedule dictates how much time the parties have to draft briefs opposing or supporting the motion. After the motion is briefed, a hearing will be held. This process can add two to three months to the timeline.

Discovery

 Once the parties are “at issue,” it is time to issue discovery. Discovery is asking written questions and requesting documents from the bank. This should be answered within 30 days. It generally takes longer. This also buys you more time. If discovery isn’t answered, then it’s a basis for objecting to a motion for judgment.

Summary Judgment

Eventually, the bank will file a motion for summary judgment. The motion basically says, “there are no facts at issue here. Give us our judgment.” This does not mean that the case is over! Illinois law imposes a 90-day waiting period after a judgment is entered before the bank can hold a judicial sale. Once the sale is conducted, the bank must have it approved by the court. Even then, you are entitled to another 30 days in the home. Judges may grant additional time if the homeowner gives a good reason.

This brief overview doesn’t cover every aspect of defending the case.

Other Foreclosure Defense Strategies

 Truth be told, a foreclosure is tough to fight. The bank has to prove you failed to make payments. However, engaging in loss mitigation is one way to avoid the worst-case scenario. If the bank takes your home to a sheriff’s sale, then it can seek any remaining money owed (a deficiency) from you personally. By working on various loss mitigation strategies, you can slow down the process and hopefully avoid personal liability.

As a first step, we advise our clients to apply for a loan modification. We strategically plan the timing of submitting a loan modification package to ensure that you get the most time in your home. Occasionally, banks screw up. When they do, you might have claims against them. Those claims can give you leverage. If you ultimately get a loan modification, then you can likely save your home.

Once a judgment is entered, we re-evaluate your case. If a loan modification isn’t possible, then we advise our clients to pursue a short sale of their property. A short sale allows you to gracefully exit your home with no personal liability. This strategy protects your interests. It also gives you the certainty of knowing when you need to move. A planned exit is always better than a forced exit.

If none of these strategies work, or don’t fit your needs, there are also other workout options. A deed in lieu of foreclosure or a consent foreclosure both release your personal liability. In some situations, the bank may even provide a cash incentive to help you relocate.

The Big Picture

 A foreclosure is full of worry and uncertainty. The foreclosure defense attorneys at EV Häs are dedicated to shouldering that burden while finding the solution that best fits your situation. Many homeowners in foreclosure will lose their home because of bad laws and unfair court systems.  Which is why we fight so hard to help homeowners save their homes and at minimum to save them from facing additional harm. Added certainty is invaluable.