Thursday, October 25, 2012

The $100 Million Question. I just got served with a Foreclosure Lawsuit. What do I do ??

The $100 Million Question. I just got served with a Foreclosure Lawsuit. What do I do ??

When somebody files a lawsuit, whether it is a bank, your neighbor, or a credit card company, it is the beginning of a "fight." Somebody is trying to fight with you and take something that belongs to you. You have the following options:

1.   Don't do anything [I do not recommend this]. Let them throw their arrow at you. You just sit there like a sitting duck, and get yourself killed.
2.   You take an arrow from your quiver, and throw it back at them.
3.   You find a friend, ask them to take one of their arrows, and throw it back at the enemy.

I recommend options 2 and/or 3. Always fight back or die trying. But never surrender.

Foreclosure is a scary process. I represent a couple of attorneys who are in foreclosure, and attorneys know the legal system, and yet they are scared of losing their homes. I can just imagine what non-attorneys must go through when they are served with a foreclosure lawsuit.

Here are some of the things I recommend homeowners do when they are served with any kind of lawsuit:

1.   Doing "nothing" is not an option. It is the moral duty of every homeowner to fight for their home.
2.   Read the summons and lawsuit. Never just ignore any legal papers. You have 20 days to file some kind of response.
3.   File a response yourself, or consult with an attorney. There are plenty of attorneys who will give you a free consultation. My initial consultation is always FREE. You have absolutely no obligation to retain me. I will spell out in simple language all your options and remedies.
4.   Defend the foreclosure lawsuit by yourself or through an attorney.
5.   Start talking to the bank to give you a loan modification, principal reduction, interest rate reductions, extend the length of the mortgage, etc.
6    Do a short sale.
7.   File a Chapter 13 bankruptcy, and try to get a loan modification through the Bankruptcy.

There are plenty of other options.  

Attorney Elias Leonard Dsouza concentrates his practice on Bankruptcy [Chapter 7, 13 & 11,] Foreclosure Defense, Defense of Credit Card Lawsuits, Credit Restoration, and Debt Settlement & Credit Counseling. Our office also handles complex Civil Litigation, Business & Corporate Transactions & Litigation, Employment Law, Collections, Creditor representation, Real estate transactions, Personal Injury, Family Law, Immigration, Landlord-Tenant law, Franchise Law, Tax Law and We Sue Debt Collectors under the Fair Debt Collection Practices.   954-358-5911. www.DsouzaLegal.com.