PROTECT YOURSELF FROM YOUR BANK
- Douglas M. Matton
- Aug 1, 2016
- 3 min read
There are still tens of thousands of people in Illinois in foreclosure. In Cook County alone there are about 45,000 pending foreclosure cases. When a homeowner is in foreclosure he must be very careful of everything he does so as not to fall in to a trap set by the bank.
The best thing a homeowner can do when he believes he is on the brink of going in to foreclosure is to consult with an experienced attorney. When he does, the first thing that attorney will probably ask whether that homeowner ever signed for anything sent to him by the bank.
Q: Why should I not sign for anything sent to me by my bank?
A: If you sign for something, then you are most likely giving away a defense to the foreclosure that can be raised. That defense is a very powerful one. This will translate in to buying you the time you need to either modify the loan or to negotiate with the bank for something else that you want, such as more time to move out of the house.
Q: So I should never sign for any certified mail? What about FedEx?
A: You should NEVER sign for ANYTHING that is sent to you that requires you to sign for it. This includes certified mail, registered mail, FedEx or UPS packages or letters. Never, EVER, sign for anything at all. Period. That is the best way to protect yourself.
Q: But what if it is an important letter or package?
A: FedEx or UPS can always leave the package at your front door, and they routinely do just that. If FedEx leaves an envelope at your front door, then you should discuss with your attorney whether or not to actually retrieve the letter or package.
Q: What if I answer the door and the postman or the FedEx delivery person tells me that I must sign for the delivery?
A: First, you never even have to open your door. Just as you cannot be forced to answer your telephone, you are never forced to open your door, let alone sign for a delivery. If the postman or delivery person wants you to sign for something just simply refuse. Period. Keep in mind that the bank is trying to protect its own interests and is trying to set you up to eliminate a defense to the foreclosure.
Q: What if a sheriff in uniform comes to my door and wants me to sign something?
A: Again, you do NOT even have to open your door! You do not even have to speak to the person on your doorstep if you do not want to. You do not have to identify yourself. You do NOT have to sign for anything! Ever! Just be polite and refuse to sign for anything. If the person is insisting that you sign something, return to your house and close the door. If that person does not leave your property, then call the local police and tell them that you have a person on your property who will not leave.
Q: I can call the police on the sheriff or on the postman?
A: Yes, absolutely. That is the best way to protect yourself. You are dealing with your home, and if you truly want to try to keep it, then you need to protect yourself from falling in to a trap that your bank is setting up for you.
Q: What is this trap?
A: It deals with a technical section of the law, and is something that an experienced attorney can use to assist you. It deals with a provision that states that the bank must send you a document prior to starting litigation against you. If the bank cannot prove that it sent you that document but then starts the lawsuit, then that lawsuit can be dismissed because it was started prematurely.
Q: How do I raise that defense?
A: First, you do not raise it. Your attorney raises it for you. Do not attempt to represent yourself, and do not attempt to raise that defense yourself.
Q: Why should I not try to do it myself?
A: It is an extremely technical matter that only an experienced attorney has the ability to recognize and put in to a format that the judge can fully understand. If you try to do it yourself, you will most likely not do it correctly, and will actually wind up hurting your case instead of helping it. Let your attorney do it.
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