Law Office of Grace M. Doberdruk
HOME FORECLOSURE PROCESS Questions and Answers
by Grace Doberdruk, an Ohio Foreclosure Defense Attorney
Q. Do banks have to bring the original note to court in order to foreclose?
A. Banks do not have to bring the original note to court and can win by filing a motion for summary judgment or a motion for default judgment if you do not file an answer. I have successfully opposed motions for default judgment and bank motions for summary judgment so that my client did not get a judgment of foreclosure. I believe that better litigated cases result in loan modifications that otherwise would not have been offered to the homeowner. If you do not want a loan modification then it is even more important that you invest money in your foreclosure defense.
Q. Can I still get a loan modification now that the HAMP program has expired?
A. Yes. As a foreclosure defense attorney I help homeowners get modifications. Even if you are not in foreclosure you may need an attorney to make sure that the federal regulations are followed.
Q. Can I save my home?
A. In the majority of cases that I have worked on the answer is YES. Even if your home has been sold it is sometimes still possible to get a loan modification. Ideally, you should contact me as soon as you are served with the foreclosure complaint so that your defense can be set up properly. However, even if you hire me later in the court process and sometimes even after judgment I may be able to help you. Call me at (440) 306-6004 to discuss your case or to schedule an appointment at my law office in Beachwood, pictured below.
Please fill out the form below to contact me.
When you are fighting the biggest banks in the world and the biggest law firms you had better have someone smart on your team, that's Grace for you. She made our points in hearings and in well written motions and had my case dismissed. That is a win in my book and now we are going after damages. I think she did a great job for me, and she will for you too! - Millionaire Client
Q. How long do I have to file an appeal?
A. If you have a judgment of foreclosure DO NOT wait longer than 30 days to file an appeal. Even if a court has granted foreclosure against you it may still be possible to get the decision reversed on appeal. If you have a judgment of foreclosure contact me immediately to discuss an appeal. I argued and won an appeal in the Cuyahoga County Court of Appeals after a homeowner represented himself in the foreclosure case.
Q. I'm worried about my house being sold. Is there anything I can do?
A. I have successfully filed motions to stay or cancel sheriff's sales and evictions. Many people in foreclosure have children and moving might mean switching schools. If the sale is stayed your children can continue to live in the home and attend their school during the appeal. If you hire me to file an appeal of the judgment I can try to have the sale stayed during the appeal process.
CALL (440) 306-6004
Q. What is the first step in the foreclosure process in Ohio?
A. Foreclosure is conducted through the court system so the process will begin with the Plaintiff (bank) filing a Complaint. You must file an Answer to the Complaint or judgment will be entered against you.
Q. I received a Complaint for Foreclosure. How long do I have to file my Answer?
A. Once you are served you have 28 days to respond to the Complaint.
Q. Why should you hire me to draft your Answer to the Complaint?
A. If you do not file a proper legal Answer you will waive your defenses to foreclosure. If you do not file a counterclaim with your Answer you will lose the right to sue the bank. You also might not understand or miss the defects in certain documents so it's best to have an experienced attorney draft your Answer and Counterclaims. If you have a good answer with strong defenses then the bank may be more willing to try to work out a settlement with you. Many times after filing an answer I am contacted by the bank's counsel about settlement possibilities. This has happened even in cases where I do not file a counterclaim. Your Answer to the foreclosure case is your best opportunity to let the bank know how you will defend the case. Don't waste it.
RECENT SUCCESS STORIES
Cuyahoga County cases - I defeated two different bank motions for summary judgment (Wells Fargo and U.S Bank) and the cases were scheduled for jury trials on the homeowners' counterclaims.
Cuyahoga County cases - won motions to dismiss in two different foreclosure cases
Cuyahoga County case - A homeowner was offered a loan modification without submitting an application after I became his foreclosure attorney in the court case.
Cuyahoga County cases - Two homeowners received loan modification trial plans after I sent letters to their servicers - Bank of America and Caliber.
Cuyahoga County case - A homeowner called me the day before his default judgment hearing. I attended the court hearing and defeated the bank's motion for default judgment so my client did not get a judgment of foreclosure and did not lose his home. He was approved for a loan modification.
Cuyahoga County case - After I filed a motion to vacate in a condo foreclosure the Magistrate's Decision was withdrawn
Cuyahoga County case - I convinced opposing counsel to withdraw a property from sheriff's sale and honor a trial loan modification with my client.
Cuyahoga County case - I filed a motion to stay the writ of possession and the Court cancelled the eviction date for my client.
Cuyahoga County case - Days before jury trial I obtained a settlement on the homeowner's counterclaims for violations of the Fair Debt Collection Practices Act, common law fraud, and invasion of privacy.
Cuyahoga County - I successfully opposed a condo association's motion for summary judgment and the case is going to jury trial on the owner's counterclaims
Cuyahoga County case - A homeowner hired me after a sheriff's sale and I got the sheriff's sale vacated and her loan modified
Franklin County case - a homeowner who had been denied a loan modification was offered a modification after I filed an opposition to summary judgment
Geauga County case - the bank offered my clients a loan modification after I filed an answer and served discovery
Geauga County case - stopped the bank from getting a judgment against my clients and am working on a loan modification
Summit County case - the bank made a cash settlement offer to my client after I filed an Answer in her case
Summit County case- I convinced opposing counsel to withdraw my clients' home from sheriff's sale. Opposing counsel filed a motion with the court and the sale was withdrawn!
Summit County case - after the foreclosure judgment was reversed on appeal I convinced the court to let my client file counterclaims for damages
Court of Appeals case in Southern Ohio - The bank made a cash settlement offer after I filed a brief in a foreclosure appeal
Case results depend on many factors so the successful result, interest rate reduction, principal reduction, or monetary settlement that is obtained for one client may not be obtained for all clients.
Copyright © Grace Doberdruk. All Rights Reserved