 | Do a title search. You need to foreclose out anyone who may
have a legal interest in the property. This will include tenants, holders of
2nd and later mortgages, spouses, judgment debtors etc. |
 | File a notice of Lis Pendens at the court house. This is a
legal notice of action and it serves to warn anyone who may be about to deal
with the property. A new lender or buyer who perhaps might not be told a
foreclosure action is in progress. |
 | Advertise the action to foreclose. Usually in a small
circulation newspaper. This can be a legal requirement. |
 | Have the borrower (and others who may have a legal
interest) served with a Complaint, Summons and the Fair Debt
Collection Notice. The borrower usually has 20 days to answer
the complaint. if they don't your attorney can file for a default. |
 | If borrower answers the complaint your attorney will usually file a Notice
of Hearing and Motion for Summary Judgment. This basically
says that the borrower owes the money, no real facts are in dispute and the
judgment should be given. |
 | Your attorney will prepare and you will swear to an Affidavit of
Indebtedness. This basically says that they owe you the money
you say. |
 | There will probably also be an affidavit of Non Military Service. |
 | Hopefully then you will be given a final judgment and a sale date will be
set. Usually no sooner than 30 days from the date of the
judgment. |
 | This is a judicial sale at the courthouse. A member of the
public can bid on the property now. If the bidding isn't high enough, you
get the property and a Certificate of Sale.
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