If you receive a Complaint and Notice of Mortgage Foreclosure, it is extremely important not to simply ignore it. It is to your advantage that you learn about your options in foreclosure proceedings.
There are government agencies, legal aid programs, and other non-profit organizations that you may contact for information about foreclosure. You may also wish to consult with an attorney.
If you do not have an attorney to act on your behalf, you should file an appearance form with the clerk/court in the courthouse where your case is pending. An appearance form may be found online at http://www.co.hendricks.in.us/sup_courts_civil.html.
This will allow you to be kept informed about the foreclosure proceedings. If you do not file an appearance form with the court, you may not get important notices about your case. However, even entering an appearance, without filing a written response/answer may not be sufficient to avoid the entry of an adverse ruling. In order to file an appropriate answer, please refer to the Indiana Trial Rules online at www.in.gov/judiciary/rules/.
To protect your legal rights, you should respond (answer) in writing to the complaint filed in this case, either through an attorney or on your own. Failure to file a response is the equivalent of failing to present any evidence in your favor at a trial. If you do not file a written response with the court, the court may make a decision (enter default judgment) against you without considering your evidence. There are deadlines for filing a written answer. These deadlines may be extended by the court if you file a written request. Please read the Indiana Trial Rules, the Complaint for Mortgage Foreclosure and Summons for this information.
If this foreclosure involves your home, you may be eligible for the Foreclosure Work-Out Program. Information about the program may be found on the web at www.877gethope.org or by calling 1-877-438-4673. This assistance is provided by the Indiana Foreclosure Prevention Network.
You may also request a settlement conference with the lender. When you receive the initial complaint, you will receive a notice and information regarding the settlement conference and a form to complete to request the court to order the conference. The purpose of the conference is to attempt to negotiate a foreclosure prevention agreement.
Proceed with caution! You may be contacted by people offering to help you avoid foreclosure. Please follow the following precautions:
n Get legal advice before entering into any deal involving your house.
n Get legal advice before paying any money to anyone offering to help you avoid foreclosure.
n Do not sign any papers you do not understand.
If you believe that you have been a victim of a foreclosure rescue scam, you should contact the Office of the Attorney General’s Homeowner Protection Unit by calling 1-800-382-5516.
— Stephenie LeMay-Luken is judge of Hendricks Superior Court 5. To submit a question for the judge, contact the Hendricks County Flyer by writing to Hendricks County Flyer, attn: Editor Kathy Linton, 8109 Kingston St., Suite 500, Avon, IN 46123 or by e-mailing to kathy.linton@flyergroup.com.
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