Defensive strategies may be available to you that you are facing a potential foreclosure. You must keep in mind two points when you defend against a foreclosure - you must be proactive and you should consider all your options. Your most effective option to stop foreclosure may involve taking action beyond the foreclosure case itself. For example, you can file for bankruptcy. In addition, you can stop a foreclosure trial of predatory lending in some cases.
Things you need
Request or complaint
Proposal restraining order
Obtain a standard petition form from the court clerk. The court clerk keeps a variety of forms used in the civil proceedings, including a petition, which is the document used to start a business.
Register as an applicant on the petition and your mortgage lender home the defendant.
Fill the petition, stating the facts of why you believe your mortgage lender engaged in predatory lending practices. Examples of predatory lending practices include piloting potential subprime borrowers when they qualify for traditional lower interest options and deceit on interest rates, hidden fees and costs, as "illegal predatory lending: A Self-Help Guide "by Debra Saunders-Sparks.
Prepare a motion asking the court to issue a temporary injunction to prevent the home mortgage lender to take possession of your home. A court can not bring a foreclosure action filed in another court for a purpose. However, the court where you file a complaint predatory loans may require the lender seeks to foreclose on your property from the possession of the premises and evict you.
File the petition and motion with the court clerk.
Ask the clerk of the court to make arrangements for the sheriff serve the petition and motion on the "agent for service of process" the mortgage lender that seeks to exclude. You can get the name and address of the agent for service of process for a business as a mortgage lender from the secretary of state office.
Ask the clerk to send your request for temporary restraining order immediately to the judge assigned to your case. The judge must consider and act on this motion as soon as possible to ensure that a temporary restraining order is issued to protect your interests.