FAQ Most frequently asked questions
Q: Can I defend agains a foreclosure? A: Yes, you most certainly can. Few people realize that foreclosures are defensable and buy you additional time in which to either work out a solution or make alternate plans.
Q: Do I need an attorney to defend a foreclosure action? A: NO. The laws and the courts have always allowed people to represent themselves. This is called Pro Se (pronounced "say"). However, to do so you must still follow proper court proceedures and formats, ie. filing motions, etc.
Q: Can I get help from the court when representing myself? A: NO. The court, court clerks, judicial assistants and judges are not allowed to guide you or advise you in any way. There are legal clinics available, law libraries, information sources such as TheForeclosureDetonator and of course the web.
Q: What does it cost to represent myself? A: As a defendant there typically is no cost. You may file your answers and other motions with no court costs attached. As a Plaintiff, the party initiating a suit there are filing fees. If you are going to initiate a law suit or court case as a Plaintiff check with your local ciruit or civil court to find out what the fees are. In foreclosure actions you will be the defendant.
Q: Do many people represent themselves? A: YES. Due to the high cost of legal representation which many people cannot afford, records indicate a growing number of people are Pro Se.
Q: Has anyone Pro Se successfully defended a foreclosure action? A: YES. Many have. One case in Ohio has been ongoing for 11 years now. The defendant is still living in his house and has not made a mortgage payment during that time. This person has taken his case Pro Se all the way to the Supreme Court.
Q: What are my chances of success?
A: It is always difficult to predict success even with an attorney representing you. The important part is that if you do post a defense you will buy some more time and not be automatically defaulted meaning you lose right from the get go.
Q: Is this legal advice?
A: NO. This is simply legal information for you to use. Providing information is not the same as providing advice. We are not attorneys and therefore do not offer advice. We have compiled facts and information from numerous sources and along with first hand experience share this information with you.