- Complaint Filing: The foreclosure process typically begins with the bank or mortgage servicer, taxing authority, or HOA/COA filing a formal complaint against the homeowner in court. This document outlines the reasons for foreclosure and initiates the foreclosure.
- Service of the Summons and Complaint: After the complaint is filed, the homeowner is served with a summons and complaint via personal, residential service, or publication. Service notifies defendants of the foreclosure action and provides an opportunity to respond within a specified timeframe. Once served, a defendant has 28 days to respond to the complaint.
- Defendant’s Answer: Any defendant may file an answer or other responsive pleading to the complaint, within the 28-day timeline or applicable timeline if an extension is granted. The answer presents a defendant with an opportunity to deny the averments of Plaintiff’s complaint, set up defenses, and make claims against the Plaintiff or co-defendants.
- Default: If the homeowner fails to respond to the summons and complaint within the 28 days contemplated, they risk a default judgment. This means the court may proceed with the foreclosure uncontested.
- Summary Judgment or Trial: If the homeowner timely files an Answer, the case may proceed to a summary judgment or trial. During these stages, both parties present their arguments, evidence, and legal defenses. The court will then decide whether to grant the foreclosure based on the merits and equities.
- Post-Judgment Execution: Following a judgment granting the decree of foreclosure, the property may be sold at auction to satisfy the outstanding debt. This stage is known as post-judgment execution and results in a foreclosure sale.
- Confirmation of Sale: Once the foreclosure sale is held, the Court will confirm the sale and order title transferred to the purchaser.
Each stage of the foreclosure process comes with its own legal complexities and challenges. It’s essential for homeowners facing foreclosure to seek legal counsel to navigate these stages effectively and explore potential defenses, equitable rights, or alternatives to protect their home and financial interests.
