Apr
19
2009
There is a new trend taking place in courtrooms and judicial chambers around the country. More and more judicial districts are requiring that mediation take place before any judgment of foreclosure will be entered. However, the catch is that the judge will only order mediation in cases where the foreclosure becomes contested. But what exactly makes a foreclosure contested?
In order for a judge to find a foreclosure to be contested, there must be a genuine issue of material fact in dispute. You will need to file various motions, affirmative defenses, and affidavits in oppositions. If you are a non-attorney and dont know how to produce the forms that you need in order to create a contested matter and stop your foreclosure, they are provided for you as an attachment to the Foreclosure Defense Secrets eBook. Save your house, stop the foreclosure, dont waste thousands of dollars on legal fees. Visit www.ForeclosureDefenseSecrets.com for more information.
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Apr
05
2009
Judges have been leaning more towards granting mediation in cases where the foreclosed property is owner-occupied. In order to have mediation granted, the borrower must file a Motion for Mediation with the court prior to the foreclosure hearing. The judge will then enter an Order granting mediation and ordering the mortgage-holder or representative to attend the mediation in person. The lender can be sanctioned or have the foreclosure suit dismissed without prejudice for failing to attend the mediation.
At the mediation, the borrower needs to bring full financials with them including proof of employment, bank account information, and other proof of what they can afford to pay each month. The lender must send someone who has the full authority to make a deal at the mediation. The mediator must report the result of the mediation to the Court within 10 days of the mediation. No notice for trial, motion for default judgment, or motion for summary judgment can be filed until the mediation has been held.
For more on how mediation may be the answer to saving your home from foreclosure, visit www.ForeclosureDefenseSecrets.com.
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