There are many websites on the internet that give you instructions on how to file a defense against a foreclosure lawsuit “pro se”.  I compare it to operating on yourself instead of getting a competent surgeon.  So, please don’t do it.  Representing yourself in a foreclosure action can get very messy.  The lender has an attorney.  You also need one.  You need one that is very knowledgeable in the changes that are occurring on the federal, state, and local level, and one that won’t charge you an arm and a leg up front.  I have found only two local attorneys so far, besides the ones that are advertising on TV.  One reason is that it just isn’t that profitable unless the attorney is set up to handle a large volume of business in a cookie cutter kind of way.

From what I hear from many who have contacted legal aid, they are overwhelmed and it is very difficult to get an appointment or any help in the area of foreclosure defense.  Real estate attorneys are not foreclosure defense attorneys, and they do not welcome clients that need foreclosure defense.  In fact, I know several and they don’t even respond to telephone messages for foreclosure defense.  They also seem to be overwhelmed.

So what’s a distressed homeowner to do?  I wish I had a simple answer.  One thought I have is for you to have some goal in mind as to what you are trying to accomplish by filing a defense, and I certainly think you do need to file one.  Do you really want to get your home mortgage free? Then be prepared to spend a lot of money to defend your position.  An attorney who will defend you in this action will either want a large retainer, or a contract with a monthly payment.

If you are simply trying to delay the lender in order to obtain a successful short sale on your home, then you may find an attorney who will simply charge for the hours of work needed to file the usual defenses.  This filing will create delays and notifications that you will not receive if you don’t file.

If your goal is to obtain a modification on your mortgage, you may have better luck than others who have not succeeded in the past.  You should be thinking about what type of mortgage modification would work for you long-term, and keep in mind that if you get one, it will make your existing faulty mortgage null and void.

Since the Office of the Comptroller of the Currency has issued a decree to lenders to “cease and desist” on existing foreclosure actions until they have a plan in place moving forward to conduct foreclosure actions only with correct procedures, foreclosure actions have slowed down over 75% in the Ocala/Marion County area.   I constantly talk with owners who are 12 months or more behind in their payments and have not had foreclosure actions filed against them.  My thought is that maybe the lenders don’t want the homes back because there are so many in Ocala and they aren’t able to  sell them for the prices they need.  Also once the servicing lender forecloses, they have to maintain them until they sell to avoid code violations imposed by the city and the county.  Also vandalism is very high on vacant homes.  If an owner stays in the home even without making the payment, it is less likely to be vandalized.   Many of the distressed properties are rented to tenants, again preventing vandalism such as exterior air conditioning units being stolen.  The lender is ignoring that fact that a seller may be collecting rent and not making the mortgage payment.   Strange, but true.

If you need help finding a competent attorney, give me a call.

Nancy Deichman
352-351-5429
or
Contact Us