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Monday, December 1, 2008

How can I defend myself if I'm named as a defendant in the paperwork?

The following is information from: http://www.larcc.org.

How can I defend myself?

Only in very rare cases does a tenant have any defenses in a foreclosure. But, there are things you can do that may help.

* If you are physically disabled, blind or elderly (62 years or older), or if your spouse, brother, sister, parent or grandparent is elderly and permanently lives with you, AND
o you live in a building with 5 or more units OR
o you live in a mobile home,

...you may have a defense. Contact an attorney right away.
* If you have a Section 8 voucher or you live in subsidized housing, you may have a defense. Contact an attorney right away.

* Usually, the best thing to do once you are a defendant is to contact the attorney for the bank. Try to negotiate either to stay on as a tenant after the foreclosure or to get as much time as you can before you must move.

* If you have filed an appearance, you should get a notice of everything that is happening with the foreclosure. If you don’t receive a notice of the hearing date, you can call the court clerk’s office to get the date. At the court hearing where the judge sets the law date or sale date, you may also show up and ask the judge for extra time to find a place to move.

You can explain to the judge your unique or special circumstances. For example, you have children and would like to have them complete the school year in the school they attend; you or someone in your family is very ill and needs more time to find a new apartment. It is up to the judge to give you more time to move.

* If you receive state welfare, you may be eligible for emergency housing benefits. To get emergency housing benefits, a judgment must have been entered in the case, and the law date or final sale of the property must have passed. If you filed your appearance, you will get notice in the mail of the date of judgment and the law date or sale date. Take this notice to your worker to arrange for emergency housing benefits. Remember, you may get emergency housing benefits only after the law date or sale date.

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