Once a foreclosure suit is filed, property owners should definitely retain the services of an attorney.  The property owner has twenty days from being served the summons and complaint in which to file a response.  Failure to do so may result in a default or a waiver of raising certain defenses. Service of process is usually accomplished by hand delivering the summons and copy of the complaint to the person named as a defendant. However, if the plaintiff has been unable to effectuate personal delivery, then service can be accomplished by substitute service or service by publication. Hence, it is possible to be involved in a foreclosure suit without having actual knowledge.

Usually, the mortgagee’s next step is to file a motion for summary judgment and schedule a hearing.  This procedure is available if there are no genuine issues of material fact in dispute.   In such case, the judge will sign a judgment establishing the total amount due and order the property to be sold at an auction.  However, this procedure can be thwarted if the property owner can raise affirmative defenses which raise factual issues which are in dispute.   In such case there will be a final hearing where testimony and evidence can be introduced.

There are a multitude of affirmative defenses available to property owners which may prevent a foreclosure sale.   At the very least, asserting such defenses should assist in negotiating a settlement involving a deed in lieu of foreclosure, loan modification or short sale.