This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
Public records Throughout the foreclosure process, various legal notices must be filed in your County Recorder's Office. This information is public record and available to anyone. Just visit your county's office and you can search for a Notice of Default (NOD), lis pendens or Notice of Sale.
All you have to do is head down to your county recorder's office and search for properties with a notice of default or notice of sale. These notices will be issued to those who are in the process of pre-foreclosure and will include the name and contact info of the property owner and the address.
In a foreclosure case, the lender is the plaintiff. Defendant—A person, corporation, or other entity subject to the legal claims of another (called the plaintiff) in a lawsuit. In a foreclosure case, each homeowner/borrower is a defendant, along with every other person or entity having a claim or lien on the property.
Public records Throughout the foreclosure process, various legal notices must be filed in your County Recorder's Office. This information is public record and available to anyone.
During the 5 week notice period, the homeowner can stop the foreclosure by making-up all missed payments (including late fees and attorney costs) or working with an attorney to stop the foreclosure process. The only time it is too late to stop a foreclosure is when the property is sold at auction to a new party.
Judgements can become a first lien against a property. Lenders generally want to be first lien when it comes to mortgages. So yes, it will be deal breaker for most mortgage companies. I've seen mortgages get denied because of a $6000 judgement.
If your debt judgment is unpaid, it will form an immediate lien if you buy a house. So no mortgage lender will lend. At closing time they'll find it you also need to disclose the judgment in the application. Failing to do so is misrepresentation.
The final judgment sets forth the costs due to the plaintiff, such as principal charges, interest, costs of the suit, and attorney fees. In addition to the assessment of costs, the final judgment will list instructions for the sale of the mortgaged property at a public auction.
If you want to respond to the suit, an answer is the document that you file with the court and serve to the other parties in the case. Your answer tells the court your side of the story. The deadline is usually between 20 and 30 days after service, though it varies.
Usually when foreclosing on a property the bank presents the owed amount including interest charges penalties and fees. The judge award that amount or another calculation he feels necessary. This is called the final judgement amount.