|reply to inGearX |
Re: Help - where to fax to stop foreclosure "sale"
That horse has left the barn. The time to contact the court was when they ordered your friend to appear. Ignoring the court order generally results in a default judgement. This means the case is now closed. Thus the auction.
You'd be best advised to consult the rules of the court governing your jurisdiction, but generally it's inappropriate for a defendant to directly contact a judge. Any correspondence relating to the case should first be mailed to the plaintiff (bank's attorney of record), then properly filed in person with the clerk of courts, along with a sworn statement of proof-of-service on the plaintiff.
A simple fax won't preserve your legal rights, may get you in to trouble, and at best will get lost in a pile of other documents at the clerks office.
Your friend is pretty much out of options at this point. Their best bet is to look at the court's website, it will likely provide links to local foreclosure prevention groups that may be able to provide advice.
For future reference, and others reading this, most courts now offer free foreclosure mediation. A magistrate will sit down with you and the bank's attorney to discuss options and try to come up with a legally-binding settlement prior to going to trial. I have a friend that exercised this option and was able to keep her house.