Outline of Foreclosure Defense Case 1.

New client (if not urgent, wait until the 15th day to do answer, etc.). *For credit card suits, advise client ahead of time that we do not represent them in the credit card proceeding, but if they decide to file bankruptcy in the end, it will all be resolved with the bankruptcy. Just let it go through (a collection judgment doesn t really mean anything) and make a reminder to check for garnishment, however. If not a suit yet, just a collection notice, just put the notice in the client file. 2. Answer a. Pull up consult sheet to determine whether owner-occupied and married b. Initial Client Letter (only for client) c. NOR d. Answer (w/mediation clause for Orange County) e. Envelopes (*if blank, go to My Documents) 1. Client 2. Clerk of County Court (Contacts) 3. Opposing Counsel f. Reminder to do doc request 1 week later 3. Doc Request a. Client Folder R pull up NOR and Initial Filing Letter for reference b. Doc Request Letter c. Request to Produce Motion d. Envelopes 1. Client 2. Clerk of County Court (Contacts) (Orange County filed electronically) 3. Opposing Counsel 4. Mod Packet a. 3rd Party Authorization R drive FC Defense Forms b. Retrieve mod packet from bank if online, then print it out blank and have the customer fill it out and send it back and then complete it online for them then c. Simultaneously fax bank the 3rd party authorization (call general line and ask for fax number) so they can talk to us. d. Once send out mod packet completed, wait a week, then contact bank to check status and ask what else they need. e. Check with Camille bc she will often send out the cover letter and 3pa before giving the file over 5. Motion for Extension of Time a. If the mortgage company has changed hands and Complaint does not have assignment attached, check to see if the judge buys the no assignment argument. If so, then file a 1) NOR, 2) Motion for Extension of Time and 3) Request for Production. b. Set a reminder to do the Order on the Motion for Extension of Time in 4 days same spiel as WD, except for no copy to client, so only 3 copies and 2 envelopes. c. Once get Order, sit and wait for Plaintiff to produce and move forward.

other motions don t need client. and our office. b. don t notice). With consent: Go to W/D folder. Bankruptcy General info y Chapter 7. Ruth or Camille will get potential dates. then coordinate those with the client. please contact undersigned counsel (5) days prior to the hearing date. If you would like to appear at the hearing by telephone. Notices a. Motion for Withdrawal a. so 4 copies altogether. 2) attorney for Plaintiff. Order for Withdrawal a. Hearings: we do not send the notices to them but if it is a SJ hearing they need to know what that means for them possible outcomes then the result. Without consent: Need to find out whether judge will accept proposed order without consent. If not cooperative. (not to be used for Courtcall) 10. send 1) Withdrawal Letter and 2) Consent to W/D form and file a motion to withdraw with the Court. If so. go ahead as in a. If not. Judge gets 1) Cover Letter 2) Consent 3) copy of the motion 4) 4 copies of Order 5) three stamped and addressed envelopes to P s attorney. send close file letter with Order of Withdrawal to client bc not w/drawn until there s an order from the judge. and this can only be done if they are current. Notices of Hearing on Motion for Withdrawal a. have to show up to the hearing. 7. Then there should be a list of docs needed from the client to be submitted prior to mediation. b.6. Those have to get to plaintiff s attorney in some specified time frame before the mediation (most often that does not happen though so we just wing it at the mediation). If appearing telephonically. We reaffirm only house and car. b. c. Chapter 13 cannot bc everything will be paid through the plan. If cooperative. 15 Day Letter a. Mediation: don t need to send the notice but the need to have advance notice. copy to client and attorney) 2) wait for Order of Withdrawal for judge 3) once receive. get Cover letter on Order for Withdrawal which goes to judge and Proposed Order for Withdrawal. The original goes to Clerk of Court and a copy goes to the judge s JA. How many months behind check with David for amount due b. can reaffirm. Send original to court. y When get motion for FSJ. have to 1) do a Motion to Withdraw (original to court. have to wait for hearing date to be set could be a couple months . Set reminder for three days and do Order for Withdrawal. d. Consent itself gets sent with the Order NOT the Motion. Include Consent to W/D form 8. R drive Notice of Hearing on Motion for Withdrawal edit accordingly b. Disability Notice (changes for each court) c. need to add line: Undersigned counsel will be appearing by telephone. Certificate of Service goes to 1) client (bc motion on w/d. send client closed file letter and close case. client. Once get the Order. If we are no longer representing someone but are still getting their mail these notice do need to be sent to them. 9. copy to client and copy to opposing counsel.

the only way to stop the sale is a bankruptcy (could be filed the day before the sale). they can sell the tax cert on the property to any investors willing to buy. Exemptions For both Chapter 7 and 13. the attorneys have to ask permission of the court to lift the stay off the home so they sell it. each individual in a couple gets 4k exemptions for the home. if needed. can have a total of 12k in exemptions. Give client that option and schedule appointment for another consultation. sale date will be set for 30 days after the hearing.g. To stall using BK If file a 7 right before sale date. At this point.y y y y y Once get notice of hearing. they did not comply with the doc request. Make sure also that the borrower is not liable for any deficiencies. General Stuff y Property Taxes: Will have two years of being delinquent on taxes before anything serious happens. send a copy to client with a letter saying the case is closed and so is their file with us. then go to hearing. So. A bankruptcy will stop a sale. you just make the payments each month. if married couple filing. If there are any issues to be argued e. If doing a Chapter 7 and surrendering the homestead. After first year. will buy extra 90 days because the bk court will put an automatic stay on the sale . That investor will have to try to collect for at least a year before they try to sell the property at an auction to recover what they are owed (enforce their lien?). If no issues and opposing counsel has done everything they should. you get 4 months because you get that addtl month before you make the first payment and if you still want to continue stalling after that. Short Sale: Make sure agreement does not forgive a portion of the loan so that the bank can 1099 the borrower. there is 2k in personal property and 2k for vehicles exemptions. then have to ask county court for another sale date the entire process which will take 90 days. Inform client that she does not have to go either. Also no need to withdraw because the case will be closing soon once we receive the notice of sale. then no need to go. For a 13. .