Why have certain pleadings been filed in the foreclosure action and what bearing does the document have on the foreclosure case?
The following documents are most commonly filed in foreclosure actions:
Foreclosure Complaint. This document is filed by the lender (plaintiff), usually a bank or mortgage company, after the debtor-homeowner (defendant) defaults on his or her loan. The Foreclosure Complaint states the terms of the mortgage and the event of default and asks the court to allow the property to be sold to satisfy the debt. It is the first document filed by the lender which starts the legal Foreclosure process.
Answer. This document is filed by the defendant and provides a response to all of the allegations in the Complaint. The Answer gives notice to the court that the defendant opposes the relief requested in the Complaint.
Affidavit of Non-Military Service. This document is filed by the plaintiff and certifies as to whether or not the defendant(s) are in active military service. The purpose of this document is to protect the rights of those who may not be able to defend themselves in a foreclosure action because they are currently serving in the military.
Affidavit of Service/ Return of Service. This document is completed by the process server (the person who served the summons and complaint on the defendant) and provides proof to the court that the defendant was, in fact, properly served.
Affidavit of Inquiry. When a defendant is not personally served, this document must be submitted by the plaintiff's attorney, explaining why the defendant(s) had to be served by alternate means.
Request for Default. When a defendant fails to file an answer to the foreclosure complaint, the plaintiff will file this document with the court to notify it that the defendant(s) failed to answer. A Request for Default must be submitted for the court to formally note on its records that the defendant failed to defend against the claim. A plaintiff cannot seek a Final Judgment in Foreclosure unless the plaintiff first obtains an entry of default against the defendant(s).
Notice of Motion for Default and Order for Default. These documents serve the same purpose as the Request for Default, but are filed in place of the Request for Default when more than 6 months has passed since the defendant failed to file an answer. If the motion is granted an Order for Default will be entered by the court.
Notice of Mailing Default (Proof of Mailing). The plaintiff submits this document to notify the court that it has mailed a copy of the entered Request for Default or the Order for Default to the defendant, as required by the Court Rules.
Certification of Mailing Notice to Cure. This document is filed by the plaintiff in cases where the Fair Foreclosure Act applies. This document notifies the court that the plaintiff has mailed the appropriate notice to the defendant and provides the court with a copy of the mailed notice.
Mediation Certification. This document is submitted by the plaintiff to notify the court whether or not the plaintiff mailed a mediation packet to the defendant.
Notice of Motion for Final Judgment and Proof of Amount Due. This document is submitted to request that a Final Judgment of Foreclosure be entered by the court. It includes a breakdown of the amount owed by the defendant. If the defendant has a valid objection to the amount due as stated in the Affidavit attached to the Notice of Motion for Final Judgment, he must submit it to the court within 10 days of receiving the Motion.
Final Judgment. The Final Judgment of Foreclosure is an order from the court which includes the following:
1. amount due to the plaintiff,
2. orders payment to the plaintiff,
3. provides for the judicial sale of the mortgaged property,
4. bars the defendant's right to redeem the mortgage after default, and
5. if requested, awards possession of the mortgaged property to the plaintiff/purchaser.
Writ of Execution. This document is submitted with the Final Judgment document and is used to enforce the Final Judgment. The Writ of Execution authorizes the sheriff to sell the property in satisfaction of the Final Judgment of Foreclosure.