Five Foreclosure Do’s and Don’ts

Falling behind on mortgage payments can happen to anyone. How one handles what happens after that can be vitally important to the resolution of the problem. What follows are five things that one should do, or should not do when facing foreclosure:

  1. DO review all correspondence from the mortgage lender/servicer. Burying your head in the sand and ignoring the situation can only make it worse.
  2. DO NOT delay taking action based upon the contents of correspondence regarding the mortgage, particularly if a foreclosure action has been commenced. For instance, do not assume that efforts at mediating or negotiating a re-finance mean the foreclosure is on hold or no longer pending. Mediation and litigation are on separate tracks and the foreclosure will usually keep moving forward.
  3. DO contact Legal Services or an Attorney if served with a Foreclosure Complaint. Understanding your options allows for better decision making.
  4. DO NOT allow default to be entered in a Foreclosure action because you failed to file an Answer to the Foreclosure Complaint. Such inaction could prejudice your rights at a later time.
  5. DO take action to preserve the equity in your home. Staying in your home may be appealing, but if you are not making mortgage payments to the lender or holding the payments in a separate account, you may not only lose your home but also any equity you have in it.

Author: Gary McLean