When consumer-protection laws are violated, if you are facing foreclosure, you have additional options. You can file an injunction with your local court system to put a stop to the foreclosure. But before initiating this process, you'll need to review your mortgage documents and records to ensure you have proof of a violation and determine if you'll be represented by an attorney. Here's a guide to stopping foreclosure with an injunction.
Instructions
Stopping Forecloure With an Injunction
1. Have an attorney review your mortgage documents. The first step in stopping foreclosure with an injunction is finding a violation of your state's consumer-protection laws. The attorney will review your documents for signs that your loan was predatory and partner with you to create a strategy for filing an injunction. To find an attorney, check with your state bar's attorney directory.
2. Decide if you'll have an attorney file the necessary paperwork. When stopping a foreclosure with an injunction you have two options: have an attorney file the necessary paperwork or handle it yourself. Having an attorney will reduce stress, but attorneys often charge a large fee.
3. File the necessary paperwork. If you've hired an attorney, she'll submit the required paperwork. However, if you're planning on handling the injunction yourself, file the necessary paperwork with the Magistrate Court in your area. Injunction paperwork is located online, and a court clerk if often available to answer questions.
4. Appear in court. Once your request for injunction has been reviewed, you may need to appear in court (depending on your state). If you are attorney-represented, the attorney will handle scheduling information and preparation for the court date. But if you're self-represented, make sure to have copies of paperwork showing the mortgage company participated in actions in violation of consumer protection laws.
5. Be prepared to provide additional information. In these cases, the judge may request additional documents after reviewing your case. Make sure to organize all paperwork pertaining to you case for easy access.
