[Transcript] RKE Tip Tuesday: What to do when you get served with a Foreclosure Notice

As a foreclosure defense litigation attorney, I have helped hundreds of people in all stages of the foreclosure lawsuit. One of the most important stages, if not the most important, is the beginning.

This is a transcript from one of our awesome videos on YouTube.  We think the information is very valuable and we wanted to share it with those of you that maybe missed the YouTube video when it was first posted!  We know getting a foreclosure notice can be scary and we hope these tips will help.

A foreclosure action is initiated when a Plaintiff (usually the lender) files a Complaint for
Foreclosure against a Defendant, which in most cases is the home-owner. For the court to get jurisdiction over you and in order to bring you into the lawsuit, the Plaintiff must serve a Summons and Complaint upon you within 120 days of filing the Complaint. Service is typically completed by a process server, or a sheriff.

The process server generally delivers the Complaint package, along with the Summons, and they are signed and dated by both you and the process server. Once you are served, you have generally only 20 days from the date of service to file a response to the Complaint. 

What do you do next? Call an attorney. A good foreclosure defense attorney will be able to strategize and maneuver their way through the foreclosure action, while best preserving and protecting your interests at all times. 

If you can't afford an attorney or don't have time to hire one before the deadline, prepare your own response to the Complaint -- even a letter will be enough. Be sure to file it with the Court and to also send it to the Plaintiff's attorney -- just mailing it to your lender or contacting your lender is NOT enough. 

You cannot afford to NOT react. If you do not file an answer or response with the Court, you have created a huge obstacle for yourself to overcome as you risk being defaulted.

Also, if you are trying to work on a loan modification with your bank, don't be fooled into
thinking that your bank won't start a foreclosure lawsuit against you. Your bank can and will initiate a foreclosure lawsuit against you even if you're trying to work on a modification.

The most important "Take-Away" from you from this is that you absolutely must respond to a foreclosure complaint after you are served. No answering will put you on a fast-track to losing your home. 

As foreclosure litigation is a lot of work and requires in depth legal knowledge, your interests would be best protected by hiring an experience attorney to be on your side. However, if not able to hire an attorney right now, if you are able to answer the complaint, it will make it a lot easier for the attorney that you are looking to hire.