When the mortgage company begins the legal process of foreclosure, a certain procedure has to take place. The purpose of this procedure is to make sure the homeowners has notification that the mortgage company is trying to take their home but also to give the homeowner the ability to fight the process. The reason a homeowner would fight the process is either to buy time before being thrown into the street or because they believe that the mortgage company made a mistake and should not be able to foreclose. Every state has a different foreclosure process. Some state laws allow a mortgage company to just send a regular letter to the homeowner demanding them to pay all the money they owe, and within 60 days thereafter, the home is foreclosed and the homeowner removed from the premises. The courts are not involved and you do not get to see a Judge. Other states allow the homeowner to fight the case in front of a Judge. Foreclosure defense is the process of fighting the foreclosure. 95% of the time, you would need an attorney to properly defend against a foreclosure.