I have 7 days left to file a response to a foreclosure summons,what do I need to say/include in in the letter? Does my response need to be addressed to the court or to the party who is suing me?
FYI, we have the money to catch up on the arrearages and have already notified the bank.
2007-01-14 23:26:30 · 2 answers · asked by disneynut35 2 in Politics & Government ➔ Law & Ethics
To add to my original post. Everything has been settled with the bank and their attorneys,Friday we signed the last of our paperwork and we have to mail the cashiers check tomrrow.BUT I still need to respond to the court summons. Hiring a lawyer is not an option at this time.
2007-01-15 01:02:24 · update #1
Simply copy all of the paperwork and attach it to a statement outlining exactly what you have done. The reason you need to respond to the summons is to avoid a default judgment against you. The court probably will not default you if you respond showing that you paid the arrearages. Once you pay the arrearages, the bank's lawyer should provide the court with notice. They will either put the case on hold, just in case you fail to continue to make regular monthly payments, or they will dismiss the case and return your file to your loan servicer. Without an attorney you are sort of in the dark but hiring an attorney is probably out of the question for someone that is simply trying to catch up on his or her mortgage. If you went to see an attorney he or she would probably advise you to file a chapter 13 bankruptcy where you could catch up on your mortgage over a period of 3 to 5 years by making current payments and then a pro rata portion of the arrearage. If you have to money to get caught up now; you should just do that and get it over with.
2007-01-15 02:07:59 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You need to obtain the services of an attorney.
If you do not answer the summons correctly, the bank has the option of having the court disregard it, and proceeding to obtain a judgment against you, and then start the process of removing you from the home.
Depending on the terms of your mortgage, you may or may not have the right to "cure" the default. This is why you need to contact an attorney licensed in your state, who can review the pleadings and assist you. You are dealing with matters that can be extremely complicated, so don't attempt to do this yourself.
For an attorney in your area, contact your local or state bar association for a referral.
2007-01-15 00:07:00 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋