Remember, don’t keep your head in the sand….

This continues the series of guest posts by foreclosure defense attorney N. Ana Garner. The first in the series is here.




By N. Ana Garner, Esq.

 Why do so many people let a default judgment happen to them? The reasons vary. A common one is shame at not being able to live up to their obligations, so they just “walk away” (slink away is more like it). Fear of being suddenly evicted and feeling powerless makes some people feel more empowered to just walk away from the home on their own schedule. Some people fail to file an Answer because they don’t know what to do, or believe they can’t afford an attorney to help them. Some fail to file an Answer because they have already abandoned their home, and never even received the paperwork.  This article is addressed to anyone who has received foreclosure lawsuit paperwork within the last 30 days, or thinks they are about to get served with a lawsuit for foreclosure. It also applies if you received paperwork more than 30 days ago, but no Motion for Default Judgment has been filed by the Bank. You won’t know that, because they don’t have to send you anything if you never file anything indicating you are contesting the lawsuit.

 I’ll reiterate an important message in my prior articles about the subject of foreclosure: DON’T ABANDON YOUR HOME.  I’ll go so far as to say that it’s your duty to your neighborhood and community to continue living in the home and taking care of the home and landscape to make sure your neighbors’ homes don’t plunge in value because there is an abandoned neglected home on their street.  We need to understand that what we do affects those around us, so please, please, stay in the home. You and your family have to live somewhere- what better place that the home you’ve loved and taken care of for years?

NEXT: Here’s how you file an Answer.


Ana Garner, Attorney at Law, represents only homeowners in the Santa Fe and Albuquerque areas.  She has 30 years of litigation experience in N.M. courts. Her mission is to protect the integrity of the judicial process in foreclosure actions and expose the fraud being perpetrated on the courts and citizens.  Her contact information is; telephone 505 474-5300. She will review foreclosure lawsuit documents at no charge if they are scanned and e-mailed to her with the subject line, Free Review of Foreclosure docs.

This continues a second series of guest posts by foreclosure defense attorney N. Ana Garner.   Please come back tomorrow for more in the series.

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