Posted on: 06th Feb, 2009 04:49 pm
What do i do now?
the problem is i have no atty
Hi david,
I can understand your problem. But unless you take the help of an attorney, you won't be able to give a reply to the summons.
Thanks
I can understand your problem. But unless you take the help of an attorney, you won't be able to give a reply to the summons.
Thanks
David, you may be able to find legal representation by contacting Legal Aid within your state. They would be available to assist those who cannot afford their own attorneys.
How do I properly reply to a foreclosure summons where we do not want to keep the house and want forebearance on the deficiency balance after the sale.
We lost our jobs in KY and moved to NC for better offers!
We lost our jobs in KY and moved to NC for better offers!
It's not a forebearance. We want to word it where we won't be stuck with any $$ owed by us after the sale of the house.
Welcome Garfield,
You need to contact an attorney and he will guide you in writing a reply to the foreclosure summons as per the terms and conditions you want.
You need to contact an attorney and he will guide you in writing a reply to the foreclosure summons as per the terms and conditions you want.
@ David:
File an answer within the # of days required to avoid a default judgement against you. This will buy you additional time to try to resolve the matter via short sale, deed and lieu, mod, etc...courts have now been forcing the foreclosure cases to a mediation conference. Your case should be referred to mediation prior to going to trial but only if you respond to the summons.
If you don't respond, you're giving the bank a free pass.
Just deny the allegations in your response (Use the template above that drl213 posted). This will buy you more time and the courts should then setup a mediation with you and the bank rep capable of negotiating on the spot. If they give you a trial date with no mediation, you can write a request for mediation and the courts should be more than willing to grant that.
File an answer within the # of days required to avoid a default judgement against you. This will buy you additional time to try to resolve the matter via short sale, deed and lieu, mod, etc...courts have now been forcing the foreclosure cases to a mediation conference. Your case should be referred to mediation prior to going to trial but only if you respond to the summons.
If you don't respond, you're giving the bank a free pass.
Just deny the allegations in your response (Use the template above that drl213 posted). This will buy you more time and the courts should then setup a mediation with you and the bank rep capable of negotiating on the spot. If they give you a trial date with no mediation, you can write a request for mediation and the courts should be more than willing to grant that.
I can not afford to pay the home i am not working at this time. How do I write a response to state that i turn over the home to the mortage Co.
Hi Lina!
Welcome to forums!
You can contact the lender and apply for a deed in lieu of foreclosure by writing a hardship letter. If the lender is convinced by your hardship, you will be able to sell off the property and you won't remain liable for the deficient mortgage dues.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
You can contact the lender and apply for a deed in lieu of foreclosure by writing a hardship letter. If the lender is convinced by your hardship, you will be able to sell off the property and you won't remain liable for the deficient mortgage dues.
Feel free to ask if you've further queries.
Sussane
If the 1st mortgage takes the property and there is a tax lien that will receive the first monies, what happens with the 2nd mortgage? Is that wiped out or am I still held liable?
hi barbie!
welcome to forums!
the second mortgage won't be wiped off. you will be liable for paying the second mortgage lender. if the lender does not receive his dues, then he will charge off the mortgage and assign it to a collection agency who will in turn contact you for the dues.
feel free to ask if you've further queries.
sussane
welcome to forums!
the second mortgage won't be wiped off. you will be liable for paying the second mortgage lender. if the lender does not receive his dues, then he will charge off the mortgage and assign it to a collection agency who will in turn contact you for the dues.
feel free to ask if you've further queries.
sussane
So we have been served our summons with 20 days to respond. I can't understand anything in these documents. I know we can't afford to keep our property. My worry is, what can they come back on us for, besides all the property? Can they sue us for any of the balance? Garnish my husbands check? Throw him in jail? We are in financial ruin and have no money or anything of value to give them.
Hi Chanta!
Welcome to forums!
You should contact your attorney and take his help in replying to the summons. If the property is foreclosed by the lender, he will be able to come after you in order to recover the deficient balance from you. He can sue you for the balance amount.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
You should contact your attorney and take his help in replying to the summons. If the property is foreclosed by the lender, he will be able to come after you in order to recover the deficient balance from you. He can sue you for the balance amount.
Feel free to ask if you've further queries.
Sussane
Thank you for this advise...its greatly apperciated
I am a principal of a school and a teacher has lodged a grivience to my senior and has not followed the protocol which has been agreed upon. I am requested to respond. How do i formulate the response?