Monday, November 8, 2010

The Foreclosure Moratorium - The New Client

I was thinking about how the foreclosure moratorium was affecting the types of new clients I was seeing. Most of my new clients are not those who have been recently served with a lawsuit. Instead it is the person who was served long ago. The law firms representing the banks are now dealing with the files that they had set aside to deal with at a later date. Before the moratorium, so few people were defending their foreclosure lawsuit and the bank lawyers were so busy with all of those uncontested foreclosures (a lawsuit where the defendant does not file an Answer to the lawsuit). Back then, if the homeowner filed any type of response to the lawsuit, the case would be placed at the bottom of the stack and it would not be actively pursued. Apparently, the moratorium has given the bank lawyers time to go back and purse those files that have just been sitting there. Hopefully, once the moratorium is lifted, more homeowners will realize that they have defenses to the bank's foreclosure and not just walk away from their homes. We will see.