If a person who's home goes to foreclosure does not go to the foreclosure hearing, what can happen to them?
Your question does not indicate what type of hearing you are referring to, so I will assume that you are referring to a hearing on the bank's (Plaintiff's) Motion For Summary Judgment of Foreclosure. Please note that there are other types of hearings which may occur in foreclosure proceedings, but this is the type which people most often inquire about so I am limiting my response to this one. This type of hearing is very common and one in which the court determines that there are no issues of fact in dispute and that the bank is entitled to their judgment as a matter of law. In other words, that the bank is entitled to get their foreclosure judgment. If you fail to appear, the judgement will be entered - the bank will win. If a final summary judgment is entered, the court will allow the sale of the property to go forward at a date no earlier than 30 days after that date. By appearing, you may be able to ask the judge or banks attorney 's grant you additional time to either refinance, short sale, or move out of the property. However, failing to appear will not provide you with any benefit or give you any additional strategic advantage in the case. It may be worth consulting with an attorney to review your particular foreclosure case as there may be issues arising in the legal pleadings which allow you to raise defenses. Of course, only you can decide whether or not you choose to do so.
If you do not show up at a hearing you do not have a right to object to anything that occurred at the hearing. Depending on the type of hearing it could mean you have a default judgment entered against you.
You should consult with an attorney that specializes in mortgage foreclosure defense. Many of these attorneys will work on a flat monthly fee and/or give a free consultation. There are also options for saving your home with bankruptcy.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.