Representing yourself, interpreters and fee waivers.
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this right50 U.S.C. § 3932(b)(1)
If you are in military service and get sued, the court must pause the case for at least 90 days if you ask and show that your duty keeps you from appearing. Before a court can enter a default judgment against you, the other side must file a sworn statement saying whether you are in the military, and the court may appoint a lawyer for you.
Read this rightAriz. Rev. Stat. § 33-811(C)
Arizona trustee sales happen outside court, but you can file a lawsuit and ask a judge for an order stopping the sale. Arizona law says you give up (waive) your defenses and objections to the sale unless a court order is entered before 5 p.m. on the last business day before the sale. So if you have a defense, act early.
Read this rightCal. Civ. Code § 2924.12(a)(1)–(2), (b)
Most California foreclosures happen outside court, but you can sue to stop one. Before the trustee’s deed is recorded, a borrower may ask a court for an injunction for a material violation of key Homeowner Bill of Rights rules, such as dual tracking. The sale stays stopped until the court finds the violation was fixed. After the sale, you may be able to seek damages instead.
Read this rightC.R.C.P. 120
Before a Colorado public trustee can sell a home, a court must issue an order authorizing the sale in a short hearing under Rule 120. You can file a written response and appear. The court mainly decides whether there is a reasonable probability of default and whether you are protected by the Servicemembers Civil Relief Act; other defenses are usually raised in a separate lawsuit.
Read this rightConn. Gen. Stat. § 49-31l
In Connecticut home foreclosure cases with return dates through June 30, 2029, the lender must give you notice of the Ezequiel Santiago Foreclosure Mediation Program with the complaint. If you file an appearance and the mediation request, the court schedules mediation, and the case is paused for a time while it happens.
Read this rightDel. Code tit. 10, § 5062C(a)–(b)
Delaware runs an Automatic Residential Mortgage Foreclosure Mediation Program for owner-occupied 1–4 family homes. A notice of foreclosure mediation must come with the complaint. Taking part lets you meet with the lender and a mediator to look for an alternative to foreclosure. File your answer on time unless a lawyer tells you otherwise.
Read this rightFla. R. Civ. P. 1.140(a)(1)
Every Florida home foreclosure goes through court. After you are served, you generally have 20 days to file a written answer and raise your defenses, such as lack of standing or a missing notice. The bank must also swear that it holds the original note. If you do not answer, the bank can ask for a default judgment.
Read this rightO.C.G.A. § 44-14-161(a)–(b)
After a Georgia foreclosure sale that does not cover the debt, the lender cannot seek a deficiency unless it reports the sale to the superior court within 30 days and gets it confirmed. The judge must be satisfied that the home sold for its true market value. You have a right to notice and to be heard at that hearing.
Read this right735 ILCS 5/15-1504.5
Every Illinois home foreclosure goes through court. The lender must attach a Homeowner Notice to the summons that explains your rights, such as staying in the home until a judge orders otherwise and where to find help. You generally have 30 days after service to file an answer or appearance. Some counties, like Cook County, also run foreclosure mediation programs.
Read this rightInd. Code § 32-29-7-3
Indiana foreclosures go through court, so you can file an answer and raise defenses. In most cases the sheriff’s sale cannot be carried out until three months after the complaint was filed. The sale must also be advertised, with the first notice at least 30 days before the sale.
Read this rightInd. Code § 32-30-10.5-8
Indiana homeowners in foreclosure can ask the court for a settlement conference with the lender to look for a way to keep the home, such as a loan modification. You must tell the court you want to take part no later than 30 days after you are served with the complaint.
Read this rightKan. Stat. § 60-2410(a)–(b)
Kansas foreclosures go through court. After judgment, the sheriff’s sale must be published at least three times, and the last notice must run between 7 and 14 days before the sale. The court must also confirm the sale, and it can refuse if the price is inadequate.
Read this rightKy. R. Civ. P. 12.01
Kentucky foreclosures go through court. After you are served, you generally have 20 days to file a written answer and raise defenses. After judgment, the master commissioner has the home appraised and advertises the sale. Free help is available from the Kentucky Homeownership Protection Center.
Read this rightMe. Rev. Stat. tit. 14, § 6322
Maine home foreclosures go through court, so you can answer the complaint and raise defenses. If the court enters a foreclosure judgment, you still have 90 days from the judgment to redeem (pay what the judgment says) before the home can be sold. The sale must be advertised and mailed to you before it happens.
Read this rightMe. Rev. Stat. tit. 14, § 6321-A
Maine’s Foreclosure Diversion Program offers court mediation in home foreclosure cases. The lender must attach a plain-language notice to the front of the complaint explaining how to answer and ask for mediation. If you ask for it on the answer form, a mediation session is scheduled with the lender.
Read this rightMd. Code, Real Prop. § 7-105.1(j)(1)
If the Maryland home in foreclosure is your owner-occupied home, you can ask the court for “postfile” mediation with the lender before a neutral mediator. The request is generally due 25 days after you are served with the order to docket and the final loss-mitigation affidavit. There is a filing fee, which may be waived if you cannot afford it.
Read this rightMd. Rule 14-211
Maryland foreclosures are filed in circuit court even under a power of sale, and the court must approve (ratify) the sale. Before the sale you can file a motion to stay and dismiss if you have a valid defense. After the sale you can file written exceptions (objections) before the court ratifies it.
Read this rightU.S. Bank Nat’l Ass’n v. Ibanez, 458 Mass. 637 (2011)
Massachusetts foreclosures usually happen outside court, but the foreclosing party must strictly follow the power of sale. Massachusetts’ highest court has held that a sale is void if the foreclosing party did not hold the mortgage when it gave notice and sold, or if the default notice did not strictly follow the mortgage. You can raise these problems in a lawsuit before the sale or as a defense to an eviction case after it.
Read this rightMCL 600.3280
Michigan allows a lender to sue for a deficiency after a foreclosure by advertisement. But if the lender bought the home at the sale, you can raise as a defense that the price was substantially less than the home’s true value.
Read this rightMinn. Stat. § 582.043subd. 7
Minnesota law requires servicers to follow loss-mitigation rules and limits foreclosure sales while a timely application is being reviewed. If a servicer violates those rules, you can go to court to stop (enjoin) the sale or set it aside, and a winning homeowner can recover reasonable attorney fees. You must record a lis pendens before the redemption period ends.
Read this rightNev. Rev. Stat. § 107.086(2), (3)
If you live in the home, the notice of default must tell you how to request mediation. To take part, you petition the district court within 30 days after the notice is served and pay a $25 fee (plus your share of the mediator fee). The trustee cannot sell while the mediation rules apply.
Read this rightN.H. Rev. Stat. § 479:25II
You can petition the superior court to enjoin (stop) the scheduled foreclosure sale. You must file and serve the lender before the sale; if you do not, you lose most rights to challenge the foreclosure’s validity later.
Read this rightN.J. Stat. § 2A:50-77
New Jersey runs a permanent foreclosure mediation program for homeowners. A court may order mediation when the homeowner files an answer. Mediation is free and puts you at the table with the lender and a trained mediator to look for a solution.
Read this rightN.J. Ct. R. 4:6-1(a)
New Jersey foreclosures go through the Superior Court. After you are served, you have 35 days to file an answer. Filing an answer makes the case “contested,” lets you raise defenses, and lets the court order mediation.
Read this rightN.Y. C.P.L.R. 320(a)
New York foreclosures go through court. After you are served, you must appear (usually by filing an answer) within 20 days if the papers were handed to you, or 30 days if served another way. Answering lets you raise defenses such as a missing 90-day notice or the lender’s lack of standing.
Read this rightN.Y. C.P.L.R. 3408(a)
If you live in the home and the loan is a home loan, the court must hold a settlement conference within 60 days after the lender files proof that you were served. The goal is to look for a solution such as a loan modification. Both sides must negotiate in good faith.
Read this rightN.C. Gen. Stat. § 45-21.16(d)
Before a power-of-sale foreclosure can go forward, the clerk of superior court holds a hearing. The clerk can allow the sale only after finding a valid debt held by the party foreclosing, a default, the right to foreclose, and proper notice. Separately, you can ask a superior court judge to enjoin (stop) the sale on legal or equitable grounds before the sale becomes final.
Read this rightOhio Civ. R. 12(A)(1)
Ohio foreclosures go through the court of common pleas. You have 28 days after you are served with the summons and complaint to serve your answer. Answering lets you raise defenses and ask for mediation where your county offers it.
Read this rightOkla. Stat. tit. 46, § 43
If the home is your homestead, you can stop a power-of-sale (out-of-court) foreclosure and require a judicial foreclosure. Send the lender a certified-mail notice, at least 10 days before the sale, saying the property is your homestead and that you elect judicial foreclosure, and file a copy with the county clerk.
Read this rightPa. R.C.P. 1026(a)
Pennsylvania foreclosures are lawsuits (“mortgage foreclosure” actions). If the complaint has a notice to defend, you must file your answer within 20 days after it is served. Many counties also run conciliation or diversion programs you can join.
Read this rightS.D. Codified Laws § 21-48-9
If the lender starts a foreclosure by advertisement, you can apply to the court to require a foreclosure by lawsuit instead — you do not have to give a reason. The judge then orders the lender to stop the advertisement process and go through circuit court.
Read this rightTex. Const. art. XVI, § 50(a)(6)(C), (D)
A Texas home-equity loan (cash-out loan on your homestead) can be foreclosed only with a court order, usually through the expedited Rule 736 process. You get a citation and can file a response — due the first Monday after 38 days from mailing. The loan is also non-recourse: the lender cannot sue you personally for any shortfall unless you got the loan by actual fraud.
Read this rightTex. Const. art. I, § 19
The Texas Constitution says no citizen may be deprived of property except by the “due course of the law of the land.” It is the state’s version of due process: government action that takes property must follow fair procedures, including notice and a chance to be heard.
Read this rightTex. Civ. Prac. & Rem. Code § 65.011
Most Texas foreclosures happen without a court, but you can file your own lawsuit and ask a judge for an injunction (a court order stopping the sale). For home-equity, HOA and tax-lien foreclosures that need a Rule 736 order, filing a separate lawsuit before 5 p.m. on the Monday before the sale automatically stops that process.
Read this rightRCW 61.24.130(1)
Even though Washington foreclosures usually happen without a court, you can sue to restrain (stop) a trustee sale on any proper legal or equitable ground. The court will usually require you to pay into court the regular monthly payments while the case is pending.
Read this rightWis. Stat. § 802.06(1)
Wisconsin foreclosures go through circuit court. You generally have 20 days after you are served with the complaint to serve an answer. Many counties also offer mediation through the Wisconsin Foreclosure Mediation Network.
Read this right