It may take several months for a foreclosure case to finish. As the case goes on, you may stay in your home. You are allowed certain periods of time to try to save your home. Until these periods are over, the case cannot move on.
Complaint filed: If you have fallen behind on your mortgage payments, the bank’s attorney will start a foreclosure lawsuit in court. They do this by filing a Complaint. After the case is filed, you will start to get a lot of junk mail. Beware of foreclosure rescue scams!
Receive Summons and Complaint: The Sheriff or a process server delivers the a copy of the Complaint to you. They also give you a Summons which tells you when and where to come to court. They can also leave these things with a family member who lives with you and who is at least 13 years old.
Case management court date: The bank’s attorney must go to court to update the judge about the property. If you would like to request mediation, you should attend this court date.
Court date for Motion for Judgment of Foreclosure and Sale: You may ask the judge to give you time to respond to the motion. If you are working on a loan modification or other workout with the bank, ask the judge to give you time to negotiate an agreement. If you failed to file your Answer and Appearance on time, you may ask for extra time to file them.
Judgment of Foreclosure: If you do not dispute the facts of the case, the judgment of foreclosure will be entered without a trial. You still have at least 90 days to sell the property or otherwise work it out with the bank. This is your "redemption" period.
Public auction: As soon as the redemption period expires, a public auction of the property can be held. There will not be a court date. If you want more time, you must file a motion before the judicial sale.
Final court date: To finalize the sale, the judge must approve the sale. At the same time, the judge will enter an order of eviction (you will get 30 days to move out). In some cases, you may also have a “special right to redeem” for 30 days. You have only 30 days from the final order to file an appeal.
Eviction: You may file a motion to request an extension. It is best to file your motion before your time to move expires.
Updated: May 2018