02/05/2020
What steps should one take when faced with home foreclosure?
Home foreclosure is a difficult and traumatic experience, as the courts themselves have acknowledged. The first step in dealing with a foreclosure is to determine the reason why it has been initiated. For example, it is important for a homeowner threatened with foreclosure to understand why his/her standing order or other automatic payment instruction is not being honored. Next, it is necessary to carefully examine the bank documents to establish if the foreclosure process initiated by the bank is legal. Among other things, it is important to bear in mind that today, following the amendment of the Ex*****on Law, other than in certain exceptional circumstances a bank may institute foreclosure proceedings only if six payments have been refused. Where the examination shows that there are good grounds for fighting the foreclosure, the homeowner may file three main applications: (1) an originating motion petitioning the court for the main relief sought; (2) an application to the court for a temporary injunction against foreclosure; and (3) a request to the Head of the Ex*****on Office to stay the proceedings (recommended).
Questions and Answers What steps should one take when faced with home foreclosure? Home foreclosure is a difficult and traumatic experience, as the courts themselves have acknowledged. The first step in dealing with a foreclosure is to determine the reason why it has been initiated. For example, it....