Sirote and Permutt Foreclosure - How to Win

George Simons | December 02, 2022

Edited by Hannah Locklear

If you are facing foreclosure on your home with a Sirote and Permutt foreclosure, how to proceed depends if it's a judicial or nonjudicial foreclosure. It's easier to fight a judicial foreclosure than a nonjudicial one. If it's nonjudicial, it means that the process is outside the court system so you have to file a lawsuit.

Every home foreclosure case is different and various states have their procedures. But below is more information about how to win in a Sirote and Permutt foreclosure.

Don't fall victim to a default judgment. Respond with SoloSuit.

Judicial foreclosure

If you're in a judicial foreclosure state, you need to file an answer to the lawsuit. You‘ll have to give affirmative defenses and explain why the mortgage holder shouldn't be able to do a foreclosure.

You could need to defend yourself if there's a motion for summary judgment and during the trial. If you possess good evidence that the mortgage company made a mistake during the foreclosure, such as not giving you a breach letter or starting the foreclosure too fast, you may be able to stop the foreclosure process. Or, you might be able to figure out how to save your home with a loan modification.

Nonjudicial foreclosure

A nonjudicial foreclosure involves processes that are outside court. So, you need to file a lawsuit for the judge to pay attention. Note that you will hold the burden of proof because you want her to stop a foreclosure that's allowed according to the mortgage document that you signed.

Use SoloSuit to respond in 15 minutes and win your case.

Fighting a judicial foreclosure

With a Sirote and Permutt foreclosure in a judicial foreclosure process, the mortgage lender must file suit to get things started. You'll know there is a lawsuit when a summons and complaint are served to you. These documents will tell you about the lawsuit and provide you with about 20 or 30 days to respond if you want to fight. The lender holds the burden of proof that the foreclosure is allowed according to the mortgage deed.

The proof usually is the documents that you inked when you took out the loan, such as a promissory note or mortgage. The paperwork could include notices that you have been served with, including endorsements and assignments. Other items that may be used are accounts of payments that have been made or missed.

Generally, if you are not pointing out there were omissions or errors in the paperwork and procedures, the court will say there is enough evidence and will order that your home be foreclosed.

Filing an answer

If you respond to the lawsuit, you'll need to explain to the judge why you think the Sirote and Permutt foreclosure is out of bounds. The deadline is usually about 20 or 30 days after you are served, but this will vary by state. Be sure you review the summons you have as well as the complaint to find out how long you have to answer.

Make sure you provide the answer in the right format and you should offer responses to each claim that the mortgage company makes. When you do that, you should respond that you agree, disagree, or don't have enough information to say.

Also, you can request that the lender prove each claim, such as how many mortgage payments you missed and the fees you allegedly owe. Note that if you admit something is true, your lender does not need to prove that. Note you also may say that Sirote and Permutt do not have the right to sue you; this is known as standing.

If you file your answer, keep in mind that the mortgage lender can ask for a summary judgment against you. This means that the judge is asked to decide without any trial. You can oppose this motion by providing arguments and evidence as a response to the motion. If the court states that you don't have evidence, the lender wins the motion and there is a judgment against you. But if the judge denies it, the court lets the matter go to trial.

Make the right defense the right way with SoloSuit.

Fighting a nonjudicial foreclosure

This type of Sirote and Permutt foreclosure happens outside court, so you must file a lawsuit for the judge to consider it. One of the legal issues, in this case, is that you have the burden of proof if you want the foreclosure to stop. Foreclosure is allowed in your mortgage contract, so you need to have some serious evidence to stop it. You will need to do a motion for a temporary restraining order as well as a preliminary injunction to stop the sale as the claim is being processed.

When It May Be Right To Fight a Sirote and Permutt Foreclosure

If it's obvious that your lender broke the law and you didn't have the rights you're supposed to have, then you may want to fight the case. You could get it delayed or even dismissed. So, you could stay in the house months longer than you thought.

You might be able to stop the foreclosure in its tracks if you have a robust defense, such as:

• The mortgage company started this foreclosure because of false information, such as the payments you made were given to the wrong company and you didn't miss any. Or, perhaps the mortgage servicer overstated how much you owe.
• You can show that the mortgage company didn't follow state law for the foreclosure.

However, you need to be certain that you file a correct response or you could lose important rights to which you're entitled.

In summary, there are ways that you can stop a Sirote and Permutt foreclosure, but there's no question it's a tall order, especially when you try to do it on your own. It's often a good idea to have your case reviewed for free by an attorney because you can gain valuable insight into whether it's worth fighting the case at all.

That said, many people succeed in delaying foreclosure for months or even years, so keep the above information in mind.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri

Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah; File a Motion to Satisfy Judgment Vermont Virginia Washington West Virginia Wisconsin Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? We're making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouse's Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

You're Drowning in Debt — Here's How to Swim

Help! I'm Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Here's What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court