Foreclosure Defense
Foreclosure sales happen quickly, and sometimes, in certain jurisdictions, they can happen before you realize it.
That's exactly why you need to act fast if you've fallen behind on your mortgage.
If you are past due on your mortgage, your mortgage company may file a foreclosure case. While there is a requirement that the mortgage company try to notify you, even if it can't, the foreclosure can still occur. Because most mortgages require that you receive notice of default, however, you will generally receive a letter from your lender’s attorney that a foreclosure action has been filed and giving you a short time — normally thirty days — to bring the mortgage current.
Under a federal law known as the Servicemembers Civil Relief Act, members of the military have additional rights regarding lawsuits brought against them, including foreclosures. If you or a co-owner of a property in foreclosure is a member of the military, you should ask an attorney what additional rights you may have as a result of this statute.
Once the foreclosure case has been filed and any required advance notices have been given, a sale will be scheduled. The notice must be published in the newspaper, and the lender's lawyer will send you a notice by certified and first class mail of the time, place and terms of the sale. There's no requirement that you receive the notice, only that it is sent.