A judicial foreclosure is when a lender forecloses on a deed of trust by filing a lawsuit in circuit court. Lenders typically choose this foreclosure option when there may be legal challenges related to bank errors and bank noncompliance with the law.
If you are the target of a judicial foreclosure, make no mistake: You are being sued. You need an experienced attorney on your side. Not all foreclosure defense attorneys are skilled in this complex type of foreclosure. We are. At Garland Griffiths Knaupp, Attorneys, we will protect your rights and interests throughout the judicial foreclosure process in Portland, Oregon.
Protecting You Throughout The Process
The judicial foreclosure process begins when you are served with legal documents as required by Oregon rules of civil procedure.
In these lawsuits, the lender is required to prove its case. The lender must be able to show the debt in writing and prove that it holds the note and is entitled to payments. The lender must also be able to provide evidence that the borrower is in default and that the borrower has no other affirmative defense to the default.
You have two options upon being served with legal documents in these cases. The first option is to take no action and file no response. If no response is filed within 30 days of being served, the lender can obtain a default judgment and take steps to collect on that judgment. The lender will be given permission to take your home.
The second option is to hire a lawyer who can help you file a response to the lawsuit and defend you against the action. We will either fight the foreclosure to keep you in your home or negotiate a settlement that makes sense for you.
Washington County Judicial Foreclosure Defense Lawyers
Call 503-343-1946 or send us an email to learn more.