I Responded To The Foreclosure Court Summons - Can The Mortgage Company Make Us Leave Our Home?

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I Responded To The Foreclosure Court Summons - Can The Mortgage Company Make Us Leave Our Home?

I was served papers regarding mortgage foreclosure on our home. I had 21 days to respond to the court summons and I did so.

Yesterday a man called from the mortgage company wanting to speak to my spouse. I explained he was working, the man asked if anyone was living at the home. I answered yes, then he verified the address and said "That's all I needed" and hung up the phone!

I'm afraid they are going to make us leave or put a lock on our door. Can they do this since I have disputed the foreclosure?

Mortgage Foreclosure Answer:

by Mortgage Foreclosure Expert - Dan North

The old saying "Possession is 9/10ths of the Law" does have some merit in the Mortgage Foreclosure process. If you are still in the home and did reply to the Foreclosure Court Summons it becomes a lot harder for the Mortgage Company to get you out of the house.

If you had not responded to the Foreclosure Summons the mortgage company would have gotten an automatic judgment for foreclosure. Now there is more expense and time involved in getting a foreclosure granted by the court.

Go to this link Mortgage Foreclosure Law, find out what the laws are regarding Mortgage Foreclosure in your state. The summary is in plain English and will tell you how it goes in your state.

The man calling was probably hoping that you were not in the home as if you are then once the foreclosure is granted they will also have to take legal action to evict you from the home. This adds more expense and time to getting the home back from you.

If you do not handle the foreclosure you will eventually be evicted from your home. If you have not tried to modify your loan with your lender yet you should request a HAMP modification. The eviction procedure will be suspended while you are being considered for the Making Home Affordable Modification Program (HAMP). If you do not qualify for the HAMP Loan Modification the mortgage foreclosure procedure will resume right where it left off.

If you cannot afford the mortgage even after a modification then you need to look at your exit strategy. Your lender can even help you with moving expenses and often will pay you $3000 to move if you leave the house in good condition. This saves them the expense of foreclosure in court and the eviction costs as well.

Find Out What Loss Mitigation
Options You Have

Find out if you are eligible for hardship loan modification fill out the Pre-Qualify for Hardship Loan Modification Form. If you are not eligible then you need to arrange Cash For Keys (the mortgage company pays you to move out), Deed in Lieu of Foreclosure or Consent Foreclosure. For more information go to What Is Loss Mitigation?


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