Missing a payment or two on your mortgage might not get you into trouble if you do something about it. After missing several months of payments without discussing alternative solutions with your lender, losing your home to foreclosure becomes a possibility. Your lender is authorized to initiate a foreclosure proceeding after a waiting period of 120 days. Depending on the state your property is located, the foreclosure can be processed in different forms. It could be processed judicially or non-judicially. The judicial foreclosure process is that which is processed in court. Your lender will have to file a lawsuit to the court to get permission before they can foreclose your home. The permission comes in the form of a final judgment of foreclosure.

A final judgment of foreclosure is a court verdict that permits the creditor to sell the borrower’s property to regain their fund. You want to do everything possible to avoid a final judgment of foreclosure as it can mark the end of your stay in your home. It is very unlikely to stop a final judgment of foreclosure after being passed by the judge. However, you can delay a final judgment of foreclosure and use the time to sort for alternative solutions. One way you can delay a final judgment of foreclosure is by fighting the case.

After your lender files a petition to the court, you will be sent a court summons, which you must reply in 20 to 28 days, depending on the state. In your reply, have your lawyer note down all defenses you have that might work against your lender to prevent foreclosure from happening. The court will then schedule a hearing to determine whether or not your home should be foreclosed. Even if you lose the case, you can maximize the period of delay to negotiate with your lender. The court procedure will cost both you and your lender a lot of money, and they should be glad to grant your request as far as it will get them their money.

Contact your lawyer to discuss how you will go about the process and stop the foreclosure process on your home.