If you're facing a foreclosure, you may come across a range of terms and legal jargon that seems alien and inscrutable. While foreclosure laws differ from state to state, there are basic terms that apply to any foreclosure lawsuit that you may need to know. Not all foreclosures involve a petition to modify the complaint. However, you should always talk to a real estate attorney in your state if you're facing a foreclosure or need legal advice about it.
A foreclosure happens when a property owner fails to pay back the lender according to the terms detailed in the mortgage. When this happens, the lender can file a lawsuit asking the court to allow it to take possession of the mortgage collateral, meaning the property itself. While not all states require a lender to file a foreclosure lawsuit, in those states that do require it the lender has to file the appropriate lawsuit in court in accordance with the state's laws of civil procedure.
In some states, a foreclosure lawsuit is known as a complaint, though it may also be referred to as a petition. The complaint is the document the lender files with the court that states what it wants the court to do and why. In a foreclosure complaint, the document generally states that the lender is asking the court the right to take possession of the property because the borrower has failed to meet its obligation. When filing the complaint, the lender must notify the borrower that it has done so.
A motion is a written request one party to a lawsuit files that asks a court to take a specific action. Both the party who files a lawsuit, known as the plaintiff, and the party who is being sued, known as the defendant, can file motions for various reasons. When a party files a motion with the court, the opposing party can file a response. The court will hear both sides and determine whether to grant or deny the motion.
Motion to Ammend Complaint
In basic terms, a motion to amend a foreclosure petition is a request your creditor makes to the court asking it for permission to change something in the original foreclosure lawsuit. Like all other motions, you have the right to present your own reasons why you believe the court should or should not grant the motion. There are many reasons why a plaintiff might move to modify a petition, and you may have a variety of defenses or counter-arguments about the specific claim.
Roger Thorne is an attorney who began freelance writing in 2003. He has written for publications ranging from "MotorHome" magazine to "Cruising World." Thorne specializes in writing for law firms, Web sites, and professionals. He has a Juris Doctor from the University of Kansas.