Foreclosure is a legal process that allows a lender to take possession of a property when the homeowner falls behind on mortgage payments. The foreclosure process can be lengthy and complicated, but it typically follows the same steps from the filing of the complaint to the sale of the property. In this blog, we'll explore the residential foreclosure process in detail.
Filing of the Complaint
The first step in the residential foreclosure process is the filing of the complaint by the lender. The complaint is a legal document that outlines the reason for the foreclosure, such as the homeowner's failure to make mortgage payments. The complaint is filed with the local court and serves as the official notice of the foreclosure proceedings.
Summons and Service of Process
Once the complaint is filed, the next step is to serve the homeowner with a summons and a copy of the complaint. The summons informs the homeowner of the lawsuit and gives them the opportunity to respond. In most states, the homeowner must be served with the summons and complaint within a certain time frame, such as 30 or 60 days.
Answer to the Complaint
The homeowner has the right to respond to the complaint and present any defenses they may have. If the homeowner does not respond to the complaint, the lender may request a default judgment, which allows the foreclosure process to proceed.
Motion for Summary Judgment
In some cases, the lender may request a motion for summary judgment, which allows the foreclosure to proceed without a trial. A motion for summary judgment is typically granted when there is no dispute over the facts of the case and the homeowner has no valid defenses to the foreclosure. Summary Judgments, however, are not limited solely to the lender. Homeowners can also seek summary judgment to have the case dismissed without the expense of trial. Your foreclosure attorney will know when it is appropriate to do so.
Trial
If the homeowner has a valid defense to the foreclosure or if the motion for summary judgment is not granted, the case may proceed to trial. At the trial, both the homeowner and the lender have the opportunity to present their case and argue their respective positions.
Judgment
After the trial, the court will issue a judgment. If the Court rules in favor of the lender, it will enter a judgment of foreclosure that outlines the terms of the foreclosure and sets the date for the sale of the property. If the judgment is in favor of the lender, the homeowner must vacate the property. If the judgment is in favor of the homeowner, the foreclosure case is dismissed, and the homeowner keeps the home under the original terms of the mortgage.
Sale of the Property
If the lender wins a judgment of foreclosure, Brevard County will sell the home at auction. The proceeds from the sale are used to pay off the outstanding mortgage balance, any legal fees and costs associated with the foreclosure, and any other liens or judgments against the property.
Conclusion
The residential foreclosure process can be lengthy and complicated, but it typically follows the same steps from the filing of the complaint to the sale of the property. Understanding the foreclosure process is important for homeowners who are at risk of losing their property and for investors who are interested in buying foreclosed properties. If you are facing a foreclosure, it's important to consult with a Foreclosure Attorney for guidance.
The Bowin Law Group
Brevard's Homewon Law Group