Resources for homeowners
Knowledge is Power

Resources for Homeowners

Empower yourself with knowledge. Understand your rights, learn about the foreclosure process, and discover the options available to you.

Know Your Options

Foreclosure Prevention Guides

Everything you need to know about foreclosure defense, loan modifications, and protecting your home.

The Process

Understanding the Foreclosure Timeline

Foreclosure doesn't happen overnight. Here's what to expect in both judicial and non-judicial states — and when you need to take action.

Non-Judicial States
Judicial States
1

Missed Payments

Applies to Both

You miss one or more mortgage payments. The bank begins adding late fees. This is the time to contact your lender or seek help — before the situation escalates.

2

Non-Judicial States

Notice of Default (NOD)

The bank records a Notice of Default against your property. This becomes a public record. This notice can be disputed.

2

Judicial States

Served with Foreclosure Lawsuit

You receive a Summons and Complaint. You must file an Answer or Motion to Dismiss within 20-30 days (varies by state).

If you don't respond, the bank wins by DEFAULT — and you lose your home.

3

Non-Judicial States

Notice of Trustee Sale

The bank sets an auction date and publishes notice. We file a civil lawsuit to stop it.

3

Judicial States

File Answer & Counterclaims

We prepare your Answer, Affirmative Defenses, and Counterclaims against the bank. Discovery begins.

4

Non-Judicial States

Auction / Trustee Sale

Home is sold at auction. Act before this stage if possible.

4

Judicial States

Bank Must Respond with Counsel

Counterclaims force the bank to respond with attorneys. Settlement negotiations begin.

5

If No Action Taken

Eviction

After auction, you must vacate. The new owner has legal right to possession.

5

With Our Defense

Settlement or Trial

Settlement achieved: Auction canceled, notices rescinded, account reset to current status.

Critical Deadline for Judicial States

If you've been served with a foreclosure lawsuit, you have 20-30 days (depending on your state) to file a written response with the court. Contact us IMMEDIATELY — do not let this deadline pass.

The earlier you act, the more options you have. Contact us as soon as you receive any notice from your lender.

Glossary

Key Terms You Should Know

Understanding the language of foreclosure helps you navigate the process with confidence.

Affirmative Defense

A legal reason why the bank shouldn't be allowed to foreclose, even if the facts of the case suggest otherwise. Examples include the bank lacks standing or violated the law.

Allonge

A separate sheet of paper attached to a promissory note used to make endorsements. Often used when loans are sold or transferred.

Answer

Your formal written response to the bank's foreclosure lawsuit. It admits or denies each allegation and asserts your defenses.

Arrears

The total amount of money you owe because you've fallen behind on payments, including missed payments, late fees, and other charges.

Assignment of Mortgage

A document that transfers the mortgage from one lender to another. Problems with assignments can challenge the bank's authority to foreclose.

Chain of Title

The complete history of ownership transfers of a property. We examine this to prove who has the right to foreclose.

Counterclaim

A claim you make against the bank in response to their foreclosure lawsuit. You become the plaintiff suing the bank.

Deed of Trust

A document that secures the promissory note using your property as collateral. Contains the power of sale clause used in non-judicial foreclosure.

Default

Failure to make mortgage payments as agreed. When you default, the bank can begin foreclosure proceedings.

Endorsement

A signature on the promissory note that transfers ownership of the debt. Proper endorsement is required for someone to have the right to foreclose.

Lis Pendens

A public notice recorded against your property indicating there's a legal action pending. Makes it difficult to sell the property.

MERS

Mortgage Electronic Registration Systems. A company that tracks mortgage assignments electronically. Many assignments through MERS are legally questionable.

Motion to Dismiss

A request to the court to throw out the bank's foreclosure case entirely. Filed when the bank lacks standing or has procedural errors.

Notice of Default (NOD)

A public notice recorded when you default on your mortgage. Starts the foreclosure timeline in non-judicial states.

Notice of Trustee Sale (NOTS)

A notice that your property will be sold at auction. Published and recorded to inform the public of the impending sale.

Promissory Note

The legal document promising to repay the loan. Contains the loan amount, interest rate, and payment terms. Whoever holds the note has the right to collect payments.

RESPA

Real Estate Settlement Procedures Act. Federal law requiring lenders to respond to Qualified Written Requests within strict timeframes.

Robo-Signing

When bank officials sign documents without reviewing them or having proper authority. These signatures are fraudulent and can invalidate assignments.

Securitization

The process of bundling mortgages into securities sold to investors. Creates complex ownership chains that can be challenged legally.

Standing

The legal right to bring a lawsuit. A bank must prove it has standing — that it actually owns your note — before it can foreclose.

Substitution of Trustee

A document replacing one trustee with another. Often done without proper procedures, creating challenges to foreclosure authority.

TILA

Truth in Lending Act. Federal law requiring lenders to disclose loan terms clearly. Violations can give homeowners legal claims against the bank.

Find Your State

Judicial vs. Non-Judicial Foreclosure States

Every state handles foreclosure differently. Know which type applies to your state.

Non-Judicial States

24 States + DC

No court case required. Banks follow power of sale in deed of trust.

• Alaska• Arizona • California• Colorado • Idaho• Illinois • Mississippi• Missouri • Montana• Nevada • New Hampshire• North Carolina • Oregon• Rhode Island • South Carolina• Tennessee • Texas• Utah • Vermont• Virginia • Washington• West Virginia • Wyoming• DC

We fight back: File civil lawsuit in county court

Judicial States

26 States

Bank must file a lawsuit. You have 20 days to respond.

• Alabama• Arkansas • Connecticut• Delaware • Florida• Georgia • Hawaii• Indiana • Iowa• Kansas • Kentucky• Louisiana • Maine• Maryland • Massachusetts• Michigan • Minnesota• Nebraska • New Jersey• New Mexico • New York• North Dakota • Ohio• Oklahoma • Pennsylvania• South Dakota • Wisconsin

We fight back: File Answer and counterclaims

Your Next Steps

1

Gather Your Documents

Collect your mortgage statements, loan documents, payment history, and any notices from your lender.

2

Get Free Review

Contact us for a free case evaluation. We'll review your situation and explain your options.

3

Take Action

We'll prepare your legal documents and fight to protect your home and equity.