Frequently Asked Questions
First, do not ignore the summons and complaint. It won’t go away if you ignore it. You have 30 days from the date that you are served to file an appearance in the lawsuit and respond to the complaint. Failure to do so puts you at risk of a default judgment being entered against you. Responding to a complaint can be highly technical. It is always wise to consult with an attorney before responding.
It depends on what you do. If you do nothing, you may be out of your home in six to nine months. If you defend your foreclosure case, then the timeframe is longer. Making the bank prove its case can extend your time in your home. It can also give you leverage to help accomplish other goals such as obtaining a loan modification or planning a graceful exit from your home.
The answer to this question is unique to each individual. However, there are a few time-sensitive considerations. If you are facing a garnishment, then you may want to file as soon as possible. If you are a few months behind on your mortgage and want to save your home, then filing a Chapter 13 before you get farther behind. Individuals who are in an active mortgage foreclosure may wait until they know whether the bank will pursue a personal judgment against them before filing. An experienced bankruptcy attorney can advise you regarding the best time to file (and if you even need to file).
It can vary from case-to-case. Some cases resolve themselves quickly via settlement. Others can take several years to finally go to trial. There are many procedural and technical aspects to litigation that can make more complex cases take longer. Getting a case ready for trial can be time-consuming. Fortunately, many cases settle instead of going to trial. Judges actively encourage settlement because it saves time and court resources.
The period in which a lawsuit can be filed is defined by statute. The limitations period varies based on the type of case. For example, a case based on breach of contract can be filed within ten years of the breach if it’s a written contract. Oral contracts have a five-year limitations period. Many types of claims have short timeframes for filing. Personal injury claims have a two-year limitations period. Most consumer protection statutes only provide for a one-year limitations period. If you think you have a claim against someone else, it is important to consult with an attorney as soon as possible.
What our clients think of us
Second to None
Mr. Woerthwein’s expertise in foreclosure defense is second to none. Not only does he have great command over the complex legal issues surrounding mortgage backed securities (MBS), he is one of the few Illinois attorneys who can actually claim meaningful success against major Wall Street banks. His clear, concise and brilliant legal brief filed in the Northern Illinois District court enabled him to prevail in his Motion to Dismiss Plaintiff bank’s foreclosure complaint WITH prejudice for lack of standing. For the first time since the financial crisis began in 2008, courts across the country are discovery what homeowners have known for some time — most banks foreclosing today don’t have proper standing !
Superb Legal Counsel
Mr. Woerthwein and his team are exceptional. Not only did they handle my foreclosure case, but they did it expeditiously. Ted is head and shoulders above most Chicago lawyers I interviewed because he is well versed on the complex legal issues surrounding Mortgage-Backed Securities (MBS)