Whether you're in a judicial or non-judicial foreclosure state, we have the strategies and legal documents to fight back and protect your home and equity.
Every state handles foreclosure differently. Understanding which type your state uses is crucial to building the right defense strategy.
Also called "trust deed" states. These states allow banks to foreclose without court involvement by following the power of sale clause in your deed of trust. However, homeowners can still challenge the bank's authority and file civil lawsuits to stop foreclosure.
Despite no court case, you can still file your own civil lawsuit against the bank in these states.
These states require the bank to file a lawsuit in court to foreclose. You'll be served with a Complaint and have the opportunity to file an Answer, assert defenses, and counter-sue the bank directly in the foreclosure case.
Time is critical! You typically have only 20 days to file a written Answer after being served.
Note: California appears in both lists because it allows lenders to choose between judicial and non-judicial foreclosure. Some states also have hybrid processes. We can help determine the exact procedure for your situation.
In non-judicial states, the bank doesn't need a court's permission to foreclose — but that doesn't mean you're helpless. We take the fight to them by filing your own civil lawsuit in state court.
We file a lawsuit in the county where your property is located. This civil action challenges the bank's authority to foreclose and asserts claims under federal and state law.
We hire a professional process server to personally serve the bank's registered agent or officer of service. This forces the bank to respond with legal counsel — they cannot ignore a lawsuit.
We challenge every notice the bank has recorded — Notice of Default, Notice of Trustee Sale, and any assignments. These become exhibits in our civil case showing the bank's improper conduct.
We examine the chain of title and prove that the trustee lacks authority under the original deed of trust to foreclose. Many banks have sold or assigned loans they don't actually own.
When the bank realizes they're exposed to liability, settlement becomes more attractive than litigation. We force them to the table and negotiate for better loan terms, rescinded notices, and damages.
MERS assignments, robo-signing, broken chain of title, assignments made after securitization deadline
Trustee didn't follow proper notice procedures, failed to exercise power of sale correctly, unauthorized substitutions
Bank cannot prove they own the note, no chain of assignment from original lender, securitization failures
Truth in Lending violations, failure to respond to Qualified Written Requests, improper servicing practices
Improper late charges, inflated attorney fees, force-placed insurance, appraisal charges, corporate advances
Our civil lawsuit is filed in the state court of the county where your home is located. This is where your case lives, where evidence is submitted, and where the judge will rule. We use the laws of your specific state to build the strongest case possible.
When you're sued, you have legal rights. We prepare all the documents you need to fight back, assert your defenses, and counter-sue the bank directly in the foreclosure case itself.
You receive a Complaint and Summons. You have 20 days to respond in writing by filing an Answer with the court.
We draft your formal response that admits or denies each allegation, asserts affirmative defenses, and includes counterclaims against the bank.
In the same case, we counter-sue the bank for Truth in Lending violations, RESPA violations, unfair business practices, and loss of equity.
With legal exposure from your counterclaims, the bank is motivated to settle. We negotiate for dismissal of foreclosure, rescinded notices, and better terms.
The Answer is your formal written response to the bank's lawsuit. It tells the court which allegations you admit, which you deny, and why the bank shouldn't win.
While defending against foreclosure, we also go on offense by counter-suing the bank. These claims create leverage and potential damages.
Note, mortgage, deed of trust, HUD-1, TILA disclosure, rate sheets
MERS assignments, allonges, transfer records, pooling agreements
Pooling and servicing agreements, trust documents, REMIC compliance
Payment history, correspondence, QWR logs, hardship documentation
Comprehensive loan review identifying all violations and defects
Analysis of fees, charges, and excessive costs added to your balance
When we file your civil lawsuit, professional process servers personally deliver the summons and complaint to the bank's registered agent or officer for service. This is critical because:
Whether you're in a judicial or non-judicial state, we have the legal documents and strategies to fight back. Don't let the bank take your home without a fight.