If you receive a judicial foreclosure what should you do now? ...

Jurisdiction: 

Area of Law: 

Question: 

If you receive a judicial foreclosure to answer, what should you do now?

Selected Answer: 

A judicial foreclosure is a

A judicial foreclosure is a foreclosure initiated through the legal system, allowing you to respond to the complaint and raise any relevant defenses. A bank may choose to initiate a judicial foreclosure in Michigan to avoid Michigan’s pre-foreclosure law that requires lenders to meet with homeowners and offer a loan modification if the homeowner qualifies. After your lender files a judicial foreclosure, you will receive a summons and complaint, which you have the opportunity to answer. You must file an answer within 21 days of receiving a summons and complaint. If you fail to file a timely written response, the court can enter a default judgement against you and allow the lender to proceed with the foreclosure and obtain the amount the lender requests in the complaint. Responding to a judicial foreclosure is complicated, and you should seek legal assistance with completing your answer, in addition to determining your next course of action. For example, several defenses may exist for your failure to pay your mortgage on time, and an experienced attorney will be able to point these defenses out and explain them to you. Therefore, you should contact a Michigan attorney as soon as possible.

All Comments

A judicial foreclosure is a

A judicial foreclosure is a foreclosure initiated through the legal system, allowing you to respond to the complaint and raise any relevant defenses. A bank may choose to initiate a judicial foreclosure in Michigan to avoid Michigan’s pre-foreclosure law that requires lenders to meet with homeowners and offer a loan modification if the homeowner qualifies. After your lender files a judicial foreclosure, you will receive a summons and complaint, which you have the opportunity to answer. You must file an answer within 21 days of receiving a summons and complaint. If you fail to file a timely written response, the court can enter a default judgement against you and allow the lender to proceed with the foreclosure and obtain the amount the lender requests in the complaint. Responding to a judicial foreclosure is complicated, and you should seek legal assistance with completing your answer, in addition to determining your next course of action. For example, several defenses may exist for your failure to pay your mortgage on time, and an experienced attorney will be able to point these defenses out and explain them to you. Therefore, you should contact a Michigan attorney as soon as possible.