You may have heard from a friend or through online research that you can respond to a foreclosure complaint without an attorney; this is true. The term for self-representation is pro se. A foreclosure pro se response will delay a judgment on the foreclosure because it advises the court that you are interested in defending your home, thus they allow you the opportunity to do so. However, the best practice is to have a foreclosure defense attorney on your side.
One of the key reasons to hire an attorney is that the plaintiff’s counsel is likely to be more aggressive in fighting the foreclosure if aware of the opponent’s inexperience. Additionally, as a non-attorney, you will probably not raise the best defenses for your case. It is through research and a careful review of the homeowner’s financial history, mortgage contract, and all communications between the borrower and the bank that your foreclosure defense attorney will decide which defenses to apply.
When a complaint is served on the homeowner the clock starts ticking; the homeowner has 20 calendar days to file a response to the complaint. The first step taken after being served a complaint should be to schedule appointments with a few Miami foreclosure defense attorneys, if you have not already selected an attorney.
Homeowners, who have fallen behind on mortgage payments, often make the mistake of assuming that they deserve to have their homes taken away by the bank. This logic is faulty; banks are notorious for mishandling mortgages during the process of originating the loan, during the life of the loan, and often during the foreclosure process. Intimidation shouldn’t get in the way of finding a foreclosure defense attorney to fight for your home.
At Graham Legal, we want to assist homeowners negatively impacted by banks’ incompetence; we’re on your side and make foreclosure defense and guidance affordable. Please contact us to schedule a free consultation with one of our Miami foreclosure defense attorneys.