Case Study – Preston’s Foreclosure

Preston managed the foreclosure action against him after his wife got sick.

When his wife was hospitalized for an extended time, Preston incurred huge medical expenses. He was unable to keep up with his mortgage payments to ABC Bank. He applied to ABC for a loan modification, but it was rejected. Feeling as if he had no choice, Preston stopped paying the mortgage. A year later, ABC brought a foreclosure action against him. Preston couldn’t afford a lawyer, so he had to defend himself in court. He came to Courtroom5.

STEP 1 – Preston Takes Training

Preston learns to set goals. He sets a goal of keeping the house for 1000 days. He learns to connect his goal to a strategy, which is to delay a judgment until his finances improve. Now, all he has to do is execute the strategy.

STEP 2 – Preston Analyzes His Case

To analyze the case against him, Preston looks up the bank’s claims and determines what the bank will need to prove its case. Then, he finds affirmative defenses he can use to support his case and execute his strategy.

STEP 3 – Preston Drafts His First Motion

Using a guided template, Preston drafts and files a Motion for Extension of Time to respond to the complaint. He searches case law to find appellate cases and statutes for his motions and pleadings. He quickly gets the hang of managing a complex case on his own.

Step 4 – Preston Presses His Case

The judge grants Preston’s Motion for Extension of Time. This gives him 30 days. When the time runs out, he has a Motion to Dismiss ready. Setting a hearing for the Motion to Dismiss eats up 2 months. Preston files the Motion to Dismiss, and it’s denied. But it takes 4 months to get a decision on it. Then, Preston files numerous discovery requests. Ten months later, discovery is still going on. Preston’s filing of a Motion to Strike the lis pendens filed by the bank and a related Notice of Deposition and Subpoena delays the case for another 11 months. Twice, Preston forces the bank to compel discovery, taking up a total of 5 months.

By the time the mortgage company offers Preston a deed in lieu of foreclosure, he’s been in a new place for 8 months, his family is healthy, and his finances are sound.

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