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To contest a judicial foreclosure, you have to file a written answer to the complaint (the lawsuit). You'll need to present your defenses and explain the reasons why the lender shouldn't be able to foreclose. You might need to defend yourself against a motion for summary judgment and at trial.
In the complaint, the plaintiff asks the court for a judgment and for permission to sell the home at a foreclosure sale.
Many courts will accept an answer in general letter form of a reply to the foreclosure complaint. Although there are formalities in answering which lawyers know, most courts will accept an answer in letter form. It should simply admit or deny the allegations of each paragraph of the complaint.
Redemption Period – starts day of Sheriff Sale -Six (6) months is most common. -If the amount claimed to be due on the mortgage at the date of foreclosure is less than 2/3 of the original indebtedness, the redemption period is 12 months. -Farming property can be up to twelve (12) months.
It will take at least 75-95 days, and usually longer, before your home is sold at a foreclosure sale.
District Court. District Court, with which citizens have contact more than any other court, has exclusive jurisdiction of all civil litigation up to $25,000 and handles garnishments, eviction proceedings, land contract and mortgage foreclosures, and other proceedings.
The Stages of Foreclosure Stage 1: Default of Payment. Stage 2: Notice of Default. Stage 3: Notice of Sale. Stage 4: Foreclosure Sale. Stage 5: Eviction.
Personally served with a complaint in Michigan Must serve and file an answer or take other action, as permitted, within 21 days of being served with notice.
During this time, you can avoid foreclosure by doing any of the following: Selling your home. Refinancing your home. Getting a loan modification. Paying all missed payments and late fees. Filing for bankruptcy (if you are considering this, you may want to talk to a lawyer)