Preparing yourself and your family/friends/colleagues will prove to be invaluable if you must go to court. Sadly, Families Fighting Foreclosure have found that all-too-often the only way to save our property is to challenge the servicer-of-the-note/lender in court. Following is our guide to this process.

1. Prior to your own court date, spend time in courtrooms to learn procedures. Also, check the Form 700 if at all possible for the attorney scheduled to be with you. Keep in mind that judges do change at the last minute, but be as prepared as possible.
2. Be on time for your hearing, but plan to be at court all morning; your case might not be the first one called. (A few will take all day depending on the court’s schedule).
3. Work with the Buddy System; let associates know the date, time, judge and courtroom you will be in. Ask for their support. They are to remain quiet during the proceedings.
4. Be sure that someone has a cell phone (TURNED OFF). If need be, they can go into the lobby and call for assistance.
5. Be sure that at least one of the people in your Buddy System is taking notes.
6. Dress neatly, as if you were going to church or a job interview.
7. No food or drinks are allowed in the courtroom.
8. Do not bring children. 
9. Check in at the clerk's office to find out which courtroom to go to. Go into the courtroom and sit quietly to wait for your case to be called.
10. Review your paperwork before the hearing. Be familiar and comfortable with your papers. If anyone has filed a declaration in the case, be sure the person's testimony is the same as what they said in the declaration. You may use written notes or an outline during the hearing. Stick to the FACTS -- don't ramble when giving evidence to support your story. In many counties, time to speak is limited to five minutes; call the court clerk to find out the time limits before you prepare what you want to say.
11. When it is time for your hearing, the clerk or judge will probably read all the cases scheduled for hearing at that time. When your name is called answer and, if asked, tell the judge whether your case is agreed, a default, or if there will be argument.
12. When your case is called, walk to the table or podium for lawyers in front of the judge, and stand facing the judge. The judge will instruct the parties when to speak. Speak to the judge only when it is your turn. Do not interrupt or speak to the other party, even if they interrupt or speak to you. Be polite and reasonable. Staying calm even when the other party is rude or lies will impress the judge. You will get your turn to calmly prove the other party wrong.
    
13. During the hearing:
    1. The Judge will ask you questions. If you don't understand the question, say so. Don't answer until you fully understand the question.
    2. Be direct. If you don't know an answer, say so. Do not be afraid to admit that you don't know something.
    3. Take your time when answering questions. Give the question as much thought as you need to understand it and come up with your answer.  
    4. Be respectful and courteous. Always address the judge as "Your Honor.” Do not interrupt. If something needs to be explained, wait until it is your turn to speak or ask to speak again.
    5. Be sincere. Stay calm. Don't be sarcastic or argue with anyone.   
    6. If you are stating dates, times and places, etc., be exact. If you cannot be exact, say that you are only estimating.
14. Speak clearly and distinctly, using words and terms that you understand. Speak loud enough so the judge can easily hear you.
15. Remain courteous to the judge after the ruling. Ask the judge whether you or the other side should write the court order (the judge will not write the order). The judge must sign the order before it becomes effective.
16. Do not laugh or talk about the case in the hallway or restrooms of the courthouse as the judge, other party or his/her attorney or witnesses may see or hear you.

PREPARING FOR THE COURTROOM

Do I need a lawyer?

Preparing for and participating at a trial or hearing is complicated process. This handout does not describe all of the complicated procedures you are required to follow in court.

Finding an attorney that understands foreclosure laws has been difficult for Families Fighting Foreclosure . . . it's been a long process and it is quite expensive ($5,000 per case). If you cannot afford an attorney, try to hire a lawyer to prepare to represent yourself. Families Fighting Foreclosure have made headway in their own court cases by working with attorneys who help with paperwork and presentations. During the last stages of saving homes, an attorney is pulled in.

What should I know about witnesses?

Hearings determine temporary, agreed, or some procedural matters. The trial is where both parties present evidence and arguments for the judge to use in making a final decision. The court generally does not allow witnesses until the trial. At hearings, the court relies on written declarations and your arguments.

Finding out whom the Other Party Will Use as Witnesses

Unless your county has a case schedule, the best way to find out what witnesses the other side will call is to ask the other attorney or party. The case schedule sets a date for the parties to exchange witness lists with each other. You should receive a copy of the other side's witness list by the date on the case schedule. You are required to give that person a copy of the witnesses you expect to call. If you have given your list but have not received a witness list from the other side, you should write the other party a letter requesting the witness list. If they never give you a witness list, then at the time of trial you can ask the judge to forbid the other side from calling any witnesses at all. Show your copy of the letter requesting a witness list.

What documents are required by the court?

There are a few forms that you will need to fill out before your trial. You can give them to the judge and a copy to the other side when you arrive for trial. Whenever you file a document with the court, you must give a copy to the opposing party.

How should I handle myself in court and questioning witnesses?

Handling your own hearings and trial is stressful. The main thing is to stay calm. Frequently, the judges give people representing themselves a couple of choices as to how to present their own testimony.

• Plan ahead. Write out notes for yourself about important points in your case. Judges do not care for long testimony, especially if it is not on track with what the case is about. Give a brief clear statement of what you want and why you think you should have it, the judge will really appreciate your presentation. Summarize your main points and then give more explanation.
• You will need to ask your witnesses questions. You will have the opportunity to ask the other side's witnesses some questions. Again, planning ahead is the key to success. Think about what is the most valuable thing each witness could say on your behalf. Then think of a few questions that will help the witness get the idea across. Practice with your witnesses ahead of time, stressing the importance of telling the truth. Start by asking the witness their name and address. If your witness is a counselor or other professional, you should ask what their occupation is and what their educational degrees are and how long they have been doing their job. Then ask specific questions about what information they have about your case.
• With the other side's witnesses, the other side will question them first. The judge will give you an opportunity to "cross examine" them. Never ask a question when you do not know what the answer will be; sometimes the answer will hurt your case more than help you. There is nothing wrong with choosing not to cross-examine a witness if you think they will merely repeat their direct testimony. Sometimes it is better to just wait and contradict their testimony either with your own testimony or with the testimony of one of your witnesses.