Verified Complaint New Jersey Foreclosure In Texas
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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.
After the sale, if the property sells for less than what is owed, the creditor may try to come after the borrower for the remainder of what is owed to them. This is referred to as a deficiency judgment. In nonjudicial foreclosures, a lawsuit must be filed in order to obtain a judgment to collect the deficiency.
Definition. A verified complaint is a sworn document in which the plaintiff tells the court the facts of the case and states what relief is sought.
It's very difficult to prove wrongful foreclosure lawsuits. You must prove that the mortgage lender owed you a legal duty, breached that duty, and that the breach caused some kind of injury or loss. This injury or loss is called damages. You must show what those damages are.
A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.
In the complaint, the plaintiff asks the court for a judgment and for permission to sell the home at a foreclosure sale.
