Are you in danger of facing a foreclosure? Let's break it down simply. There are some things to understand before proceeding. It is important to understand how the foreclosure process works, and to follow to steps to avert it, or at least make it a successful process.

Step one: choose a lawyer. It is very important to gain professional assistance when dealing with the legal aspects of a foreclosure. Don't try to do it yourself! There are lots of details, and you will need help. The best way to choose a lawyer is to consult the states bar association. They can refer you to the most successful real estate lawyers. Hiring a good lawyer will play a key role in avoiding a damaging foreclosure. Once you have the lawyer, be honest with him/her about your situation so that they will be able to come up with the most effective plan. They have seen thousands of sticky situations, so don't try to sugar-coat the facts. This will only elongate the process.

Step two: plan an appearance in the Superior Court. To do this, you will need to get all of the proper forms filled out, then contact the Superior Courts clerk. It is possible to gain financial protection from the court if you fall within all the requirements. It's never a bad idea to try, because if you do receive the protection it can help you out a lot.

Step three: answer the complaint. This whole thing started with a complaint from your lender about a non/late payment of your mortgage. After you have secured a court appearance, you deal with the complaint. Consult your lawyer, and even have your lawyer present when you do the actual answering. They can help you decide what to say, so that you don't say anything that can be used against you in the case. The answer will be different depending on your case details. Who is at fault for the the credit mishap, you or the creditor? If you have a good case, then your answer will defend your case. If you are at fault, then you have a few options to choose from to protect your property from being repossessed.

Foreclosure by sale, or strict foreclosure: foreclosure by sale is optimal if your property value is larger than the total outstanding debt. If this is the case you will want to file for foreclosure by sale as soon as possible. If the value of your property is less than the amount you owe, you will have to go through the strict foreclosure. In this case you will not be able to get your property back. While this is not the ideal situation, it could be the best option.

Depending on your individual case, the court might decide to let you keep the property and pay your mortgage. They can re-evaluate your loan, and make a plan for you to re-pay the debt. If you get this second chance then keep very close watch on your payments so that you do not end up in another foreclosure case. If the court decides to vacate you in either a strict foreclosure or foreclosure by sale, then you will have a date set by which you need to be out of the house. In this case, you will need to comply with the decision.