A foreclosure filing refers to the legal act by a mortgage lender in filing a lawsuit in court to win the right to sell the home of a delinquent mortgagor at auction. It is thus the initiation of the formal foreclosure process.

How do you prove wrongful foreclosure?

If you wish to sue the bank for wrongful foreclosure, you must prove the following:

1. The lender owed you, the borrower, a legal duty.
2. The lender breached that duty.
3. The breach of duty caused your injury or loss (damages)
4. What the damages are.

What is the first legal action in a foreclosure?

The first legal action is the first public action required in the jurisdiction where the property is located to commence the foreclosure process. The first legal action may include: For judicial foreclosures, a complaint, petition, order to docket or notice of hearing.

What is a wrongful foreclosure action?

Wrongful foreclosure is a civil cause of action based on allegations of foreclosure fraud. Fraud can occur across multiple facets of the foreclosure process, including botched documents, unscrupulous lenders or predatory foreclosure mediators.

Can I sue my mortgage lender for negligence?

As mentioned above, if your mortgage lender commits negligence, you may sue your mortgage lender. Examples of this can include where they negligently fail to include terms in the loan agreement that were agreed to by both parties, or if they breach their fiduciary duties.

How to respond to a foreclosure complaint or summons?

Here is how to respond if you get served a foreclosure complaint & summons. (The document you receive when a foreclosure lawsuit is filed against you) Please know, filing an answer may not be the best option. Ideally you want to see if you can get the case dismissed before acknowledging the lawsuit.

What do you need to know about a foreclosure lawsuit?

Here’s a general description of the three documents that a lender uses to begin a foreclosure lawsuit: a complaint, a summons, and a notice of lis pendens. The complaint for foreclosure is the document that outlines the lender’s claims underlying the lawsuit.

How can I fight a nonjudicial foreclosure in court?

Look on the summons to find the address of the court. If your foreclosure is nonjudicial, the process will not go through the court and you won’t receive a complaint or summons, or have an opportunity to file an answer. To fight a nonjudicial foreclosure in court, you’ll need to file your own lawsuit.

Do you need an attorney to file a foreclosure?

A foreclosure attorney can tell you about potential defenses in your situation, prepare an answer to file in court on your behalf, and help you explore ways to avoid a foreclosure. (To learn why hiring a foreclosure attorney is often a good idea, see Foreclosure Attorneys: Why You Might Want to Hire One, What to Expect, and When to Fire One .)