Threat of losing a home

 

 

It doesn’t matter what state you are in or whether it is a judicial or non-judicial foreclosure. In most states, after a foreclosure a separate eviction proceeding has to be filed. This is a whole other lawsuit than whatever was done to foreclose. In states like California, you are entitled to a jury. No matter how many scary sounding pieces of paper they send, or how many real estate brokers they send to talk to homeowners, no one has to move out until there is a court order. No one can be evicted right now if you had a federally insured loan anyway because there is a moratorium. In addition, it is very easy to stop an eviction. All that needs to be done is to file a “bare bones” bankruptcy petition which can be done online in 15 minutes. You can ask to waive fees if you don’t have money. All sheriffs know that once a bankruptcy is filed, no eviction can occur and they won’t do it. So, no one should be having an emergency regarding a foreclosure. The problem with homeowners filing things in court themselves is that the things filed are usually very dumb. Judges see that and it gives homeowner cases a very bad reputation and judges talk with one another. They get very skeptical. Judges see it as homeowners doing crazy things to try to get a free house. This makes it much harder for those filing high quality things to win.