If your lender wants to forfeit your house, you have the right to fight it in court. Your lender must file a lawsuit for foreclosure in a legal forfeiture; if you file a reply, you will be allowed to bring your case before the judge. The lender does not need a court’s consent for non-judicial foreclosure — the norm of several states, such as California. You can still take your day to court, but only if you file an action to prevent forfeiture.

1. Ask the county clerk about the specific forms and fees that your county needs. Each country may be subject to its legal documents, and each county shall set its fee schedule.
2. Documentation, including a request for a temporary limitation order. If your lender fails to respond, but a bond against any financial damage caused by the lender may be requested.

3. Serve the papers of the lender. Anyone 18 years of age or older who is not involved in the case should submit documents to the lender, notifying him of the lawsuit and return a proof of service. The case will not continue until the lender has formally announced you of the suit.

4. Ask your court for a preliminary injunction. When the judge gives the order, the foreclosure is stopped until the case has been decided. The judge will issue the order if he believes that you have a good chance and if the prevention damage is more significant than that suffered by your lender by delaying the prediction. The judge is going to issue the injunction. If the judge fails to give the order, the foreclosure clock will continue to tick.
5. Offer your defense. Valid defenses include misconduct by the lender, such as crediting payments to the wrong individual; unfair lending practices; or significant procedural errors. The same reasons can be raised in judicial foreclosures.