Date: February 19, 2020Author: Joshua Denbeaux
What’s the single most important thing to do when you are sued in foreclosure?
Answer the Complaint!
There are instructions here and a video here with a detailed explanation as to how to Answer the Complaint.
You do not need to hire a lawyer to Answer a foreclosure complaint.
You really don’t. You can … and the right attorney can add value because there are multiple additional actions that can be taken to take advantage of the foreclosure litigation system, but you do NOT need to pay a lawyer to Answer your foreclosure case.
Should I ever hire a lawyer to help me in my foreclosure?
That’s the type of question that keeps lawyers, like me, up at night. Not because of the fear that everyone will start handling cases on their own … but because that is such a complicated question to answer.
The short answer is: It depends.
Sorry. I told you … I’m a lawyer.
How do I know when I should hire an attorney for my foreclosure case?
Anytime you feel overwhelmed by the system … a good time to seek help.
But you should definitely hire an attorney to help you when you think you have identified mistakes made by the mortgage servicing company. That is where having an attorney is pretty much essential. There is next to no chance that you, on your own and without expert assistance, will be able to really drill down and identify the specific wrongs.
Even if you are able to identify exactly what the mortgage servicer did wrong, you are going to find it impossible to properly build your suit against the owner of the mortgage loan, the mortgage servicer or the foreclosing attorney without help.
Should I Sue my Mortgage Servicer on my Own, without Help from an Experience consumer lawyer?
Hell no. No way.
This litigation takes real experience and skill. This is NOT something you should do on your own.
What is the Downside to Suing a Bank on my own?
You mean, aside from losing the case and the 18 months of time you spent on the lawsuit? You mean, aside from that?
Destroying your claim entirely.
Oftentimes the most important part of any consumer case is what happens before the suit is filed. That that right there is really why you need an attorney on a complex contested foreclosure. Given the proper facts, and an organized client, an attorney in a foreclosure lawsuit can lay the groundwork for a later affirmative lawsuit against the mortgage servicer, its attorney and sometimes even the mortgage loan owner.
But you have to give us time to work on the file.
I sued my bank on my own, and now I realize that I need help. Can I call a consumer lawyer then?
Pretty much, no.
I know of no consumer attorney who will take on cases that were started by a consumer pro se – meaning by representing himself in court – who then turned to the attorney for assistance.
These cases are just too complex and need so much work ahead of actually filing the Complaint that cases handled by consumers on their own are almost always fatally flawed in some way.
So what should I do when I find my mortgage servicer cheating or lying to me?
Seek professional assistance. Sit down with an attorney experienced in suing banks. There are plenty of us all over the country.
How do I know that I am talking to an attorney who has successfully sued banks?
Ask him how many times he has sued a servicer.
And double check the answer you get by an internet search.
When you buy a toaster you scour the internet. Do the same for your choice in attorney.
Have you successfully sued mortgage servicers?
Yes. But there are plenty of law firms in New Jersey and around the country that can also claim this distinction. All of us experienced consumer attorneys can help.
Just don’t – especially if you think the mortgage servicer has really made a big mistake or cheated you – don’t just hire a foreclosure defense attorney who has no experience actually filing suits in federal court. That would be a bad fit.