Having made the decision to fight, I searched through the Cobb County records, looking for all of the cases similar to mine. Based on what I learned, my plan was to seek a temporary restraining order to prevent the scheduled foreclosure action.
While seeing the other lawsuits was very helpful, there was still a lot of information missing. For example, how do you even file a lawsuit? Where do you go, what does it cost, and what procedure and policies must you follow?
To get answers to some of these questions, I next bought the book “Represent Yourself in Court,” and I started drafting my pro se action. I spent the next 72 hours reading the book, searching for more information online, learning what I needed to know, and drafting my motion. By early Monday morning, I was ready to file my first lawsuit.
That Monday morning, the day before our home was scheduled to be foreclosed, I called the bank one last time. To my surprise, our postponement had finally been approved. Unfortunately, like every other verbal assurance given by the bank, they refused to document in writing that this had occurred.
As a last resort, before filing the lawsuit, I called the law firm handling the foreclosure and asked if they could document the postponement in writing. At first, they told me they could not get this done until Friday. This was unacceptable, since the foreclosure was scheduled for Tuesday.
I then informed them that I needed to know asap, otherwise I’d have no choice but to file a lawsuit seeking a restraining order to prevent the sale. While it took some effort, I finally got my written confirmation of the postponement, and I never had to file this motion.
