II have been sent a "summons" for foreclosure. What do I do now?

You need to reply to the summons within a period of 20 days in order to avoid any legal action against you.

Call up your mortgage company and request a Mortgage Modification. Tell them that you would like to modify your mortgage and to send you a Mod. package out ASAP. Please complete the package and return it to them promptly.
But most importantly you have to respond to the foreclosure summons within the 20 day time period. IF YOU HAVE TO PLEASE WALK IT IN ATLEAST 2 DAYS before the 20th day to be sure it is received and documented or you may mail it in but I suggest taking it to the court house yourself to ensure they have it. Below is a sample of the letter you need addressed it to the clerk of court, if you dont know who it is call up your court house and explain to them that you need to respond to a foreclosure summonns and they will give you the name and address of the clerk of the court that you need. if Mailing I suggest you mail it in within atleast 5 days of the 20th day.

Sample:

February , 2009
Re: Case #
To the Office of (Sharon R. Bock), Clerk & Comptroller:
I would duly submit this written response to the aforementioned case number as ordered in the attached copy of the summons. I am currently doing all that I can to resolve this situation prior to it entering foreclosure proceedings. I am working with a HUD approved Home Counselor who is providing me with guidance as to what my choices are, as well as attempting to contact the lender in an effort to come to some sort of resolution to my current predicament.
In summary I am a distressed homeowner who is doing all he can to resolve this situation in an effort to maintain ownership of the home and honor my obligation to the mortgage company. At this time I would simply request more time to continue contacting the lender in order to secure a mutually beneficial workout program. I greatly appreciate your attention to this matter and look forward to your response. Please contact me immediately if have any questions at 561.111-1212; thank you.

Sincerely,

Your name here

if necessary please contact HUD to assist you, it's free of charge. go to www.HUD.org. to locate a councelor. It may ask you for your zip code. or google HUD foreclosure councelor

Well as a person who had to file their own answer to a complaint, I was really freaked out! I spoke to an attorney but he told me that his fees would be as much as the plaintiffs fees, so I didn't really see any help other than trying to get it all thrown out, which wasn't the case for me. I just wanted to pay the fees I owed without having to pay ANY attorney fees, regardless of who's side they were on.


So for anyone out there trying to do it yourself, here is copy of what I filed. All you have to do is admit or deny each of the complaints on your complaint letter. I took 2 copies to the county courthouse (so they could certify one for me and one for them) and mailed one certified to the plaintiffs attorney. I hope it helps anyone who is clueless about what to do and how to respond. Good luck:


IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT IN AND FOR ORANGE

COUNTY, FLORIDA

CASE NO:

**PLAINTIFF**

Corporation,

Plaintiff,

v.

**YOUR NAME**,

Defendant.

ANSWER AND AFFIRMATIVE DEFENSES

COMES NOW the Defendant, **YOUR NAME**, files this Answer to the Complaint filed herein by the Plaintiffs, **PLAINTIFF**, and would state as follows:

1. The allegations of paragraph 1 are admitted.

2. The allegations of paragraph 2 are admitted.

3. The allegations of paragraph 3 are admitted

4. The allegations of paragraph 4 are admitted.

5. The allegations of paragraph 5 are admitted.

6. The allegations of paragraph 6 are unknown and are therefore denied.

7. The allegations of paragraph 7 are denied as phrased.

8. The allegations of paragraph 8 are unknown to the Defendant and therefore denied.

9. The allegations of paragraph 9 are admitted.

10. The allegations of paragraph 10 are admitted.

11. The allegations of paragraph 11 are admitted that Defendant owes the principal sum and additional assessments that have come due thereafter. The remaining allegations are denied as phrased.

12. The allegations of paragraph 12 denied as phrased.

13. The allegations of paragraph 13 are admitted.

14. The allegations of paragraph 14 are admitted.

15. The allegations of paragraph 15 are unknown and therefore denied.

16. The allegations of paragraph 16 are unknown and therefore denied.

AFFIRMATIVE DEFENSES

1. Plaintiffs attorne fees have not been broken down to establish what the attorneys fees are exactly covering, including how many hours were worked, etc

2. The Defendant made several payments to the Plaintiff, all of which were sent back to Defendant except the last one as noted on EXHIBIT B. It should also be noted Defendant has maintained a credit balance with Plaintiff on several occasions over the last 5 years and the account has only recently become past due.

REQUEST FOR CONFERENCE

Defendant, **YOUR NAME**, requests a conference to settle all issues.

I hereby certify that the original was hand filed with the clerk of courts and a copy was sent by US Mail to **PLAINTIFFS ATTORNEY**, esq. on date **MONTH DAY,YEAR**.

**YOUR NAME**

Pro Se Defendant

**YOUR ADDRESS**

**YOUR PHONE #**

Thanks for sharing that info drl213. I got served from the lawyers of HOA for past due fees. I debating about hardship letter or the response you wrote? I;m curious on the outcome of your case? Was it postponed till you had the money to pay?

Thanks for the info shall1432 and drl213.

Hi David,

If you got served summons from the lawyers of HOA, you need to give a reply to it to avoid any legal action being taken against you. You should appear in the court on the scheduled date, if you have been asked to do so. If you don't, the HOA may get a default judgment against you. Consult an attorney if required.

I cant afford a lawyer, Please tell me how to respond to the notice,

Hi Betty!

Welcome to forums!

A query similar to yours has been replied to in the given page:
http://www.mortgagefit.com/predeal/about40017.html#169705

Take a look at it. Hope it helps you.

Sussane

How do I respond to summons?

Hi Elle!

Welcome to forums!

You can contact a real estate attorney and he will help you in replying to the summons that you've received.

Sussane

I have seeked the advice of an attorney and the fees are outrageous. $1400.00 down and 400.00 a month until the foreclosure is done. How are people expected to be able to keep their homes with these ridiculous fees.

My attorney told me that I can file for an extension of 30 days to interview and seek proper legal counsel. At least is gives me a little more time:) I still looking for how to do today...

i need to know how to answer the summons to foreclose the bank has pulled some fast ones in the past in 2007 they modified the loan then did not file to dismiss the forecloser till 2009 what should i do

Hi david,

You should contact your attorney in order to know how you can reply to the summons. He will guide you in a better way in this regard.

Thanks