A lender can foreclose on your home, in some states, without going to court. These states are called non-judicial states. However whether you live in a judicial or non-judicial state, you have the right to fight for your home. Below I have outlined a tactic that can delay the lender from foreclosing on your home.
Demand that the lender produce the note. The note is the document you signed when closing on your home promising to pay back the loan with interest. By asking the lender to “Produce the Note”, you are making sure that the lender has the authority to issue a foreclosure on your home.
If you live in a judicial state, once you have the foreclosure law suit, you can issue judicial procedures that will require the lender to produce the note.
If you live in a non-judicial state, the lender does not need a foreclosure law suit but can still issue a foreclosure sale on your home. In this case you will need to file a law suit against the lender to produce the note.
The law suit would allege that: (1) you have received the Notice of Intent to Foreclose, (2) You are not sure that the lender has the note in their possession and you want proof, (3) the court intervenes until the lender show proof of the note.This process is not a simple task and will vary from state-to-state, however there is no law stating you can not engage the court.
Seek professional help from a lawyer if you can afford one. Otherwise seek legal aide to help you out with the process. Either way this process can buy you enough time to obtain financial aide to save your home.