When homeowners are sent their notice of default by the lender and are ordered to appear in court, they may feel that the situation has taken a turn for the worse. Now, instead of dealing with the mortgage company and attempt to defend their inability to pay the bill to them, they will suddenly be thrown into a complex system of dealing with county clerks, courts, attorneys, and various trial rules. No one will seem to know exactly what is going on and what the homeowners need to do to defend themselves, and mere descriptions of state foreclosure law are wholly inadequate in providing guidance. The average homeowner may begin to feel as if he is a victim of an unfair judicial system which is only accessible to those with money who can hire an attorney.

Foreclosure victims, unfortunately, are often more likely to avoid the court date for the foreclosure than appear. They are anxious about showing up and being berated for not paying their bills, ordered out of the house, or given a good talking-to by the judge. Their fears are exacerbated by the fact that they do not know how the system works and no one seems even remotely willing to explain it to them. Since every county operates differently, and trial rules are governed by state laws and local rules, there are an endless number of missteps that may be taken.

Very few people at the courthouse or clerks office will offer help, either. Many of them, even if they know what they are doing, will not provide assistance, in case that is construed as offering "legal advice." Thus, unless the homeowners already know what to do, they can not figure out what to do. The government puts the court system in place as a tool to be used to enact justice in each case. Frequently, though, justice is wrung through a progressive series of exhausting exercises, from filing paperwork correctly, to providing service to the parties, to finding out when the hearing will take place, and so on.

Is it really any wonder why homeowners are prone to giving up on the court system and attempting to work with the lender or a third party? Hiring a lawyer is certainly not a viable option in every case of foreclosure, as the victims are being sent through the court system mainly due to the fact that they do not have the money to pay the mortgage bill. If they could hire an attorney to defend them for several thousand dollars, then they could probably also afford to pay the mortgage on time, and the whole issue would be moot.

But, unfortunately, the issue does not go away and the halls of justice are frequently closed to homeowners. Whether they are legitimately facing foreclosure, or are the victim of mortgage fraud or servicing fraud, the courts offer the same answer: judgment against the defendants, and an order for the sheriff sale of the property. The innocent can not afford to argue their case nor figure out how to do it on their own and are treated same as the guilty.

It is arguable whether homeowners should put much trust in finding help through the county court system. Although they should do whatever they can and use whatever options available to stop foreclosure, including working with the court, it should not be considered as the main solution. Justice is more frequently bought than objectively decided, and foreclosure victims are frequently solely lacking in their buying capacity. Justice, a topic argued about for centuries, is now just another of those gaudy trinkets that only the rich and politically-connected can afford, and of which those of more modest means can only feel envy.

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