In handling the defense to stop foreclosures, homeowners’ biggest obstacle would be the technicality in how the system of the court functions. Different rules in courts around the country vary from local to state. Both groups and their respective lawyers involved should know that. Each level of state or local rules is complex, but it will give homeowners a favorable position in pinpointing the areas where procedure was broken by the bank.
There are two rules in courts. One is criminal and the other is civil. The "Rules of Civil Procedure" is applicable to cases which are in foreclosures. Homeowners must have the procedure of state rules printed out that might be applied by the court. One can visit the homepage of State Supreme Court and download it directly from there. As for the rules, one can go directly to their local court.
Lots of states practice the Federal Rules of Civil Procedure, or are using it as a guideline in making their rules. Homeowners may look for definite rule by visiting the federal site online. Be reminded not to depend on federal rules because the numbering or wording may differ.
Whenever homeowners quote a specific rule in defense, one should pertain to the rule of state, not the federal rule. It is vital to reference the federal rules because it is easy to check for information online, but be careful and check for the correct system numbering.
Borrowers who are concerned only need to understand the state rule and the local rules to prevent the court from throwing out the case prematurely and have the bank go on defense.
Homeowners can monitor the rules to be sure the bank has no means of throwing out the borrower’s lawsuit due to technicality. Look for violated rules that the bank or their attorney’s have done to make the case rejected. Lastly, being aware of the rules that are applicable will boost homeowners' confidence to stop a home foreclosure.
Cassiano Travareli has been educated in the finer points of the foreclosures market over 5 years.