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How do I respond to a foreclosure summons when I have set up a payment plan with my lender's loss mitigation department?

Dayton, OH |
Filed under: Foreclosure

I recently received a summons and have 28 days to respond in writing. I currently have a payment plan set up with my lender through loss mitigation. I have made my first payment and the second payment is due in 7 days. I want to keep my home and I am unsure of how I should respond to this summons. Any assistance you can provide would be greatly appreciated.

Attorney Answers 1


Whatever you do, do not stop making the payments. Send it by certified mail, or hand deliver it if you can.

As for responding to the summons, you have learned that one hand of the creditor does not know what the other is doing. You should retain an attorney to represent you. I realize that money is an issue, but this is something that is so important that you can not afford to be your own lawyer and not use the proper rules of procedure of Ohio or not preserve your rights.

I would contact your loss-mitigation contact and advise them of the action, but no matter what, get your response to the summons filed no matter what they say, and get a lawyer you are comfortable with to represent you.

In Florida, I am permitted to "ghost write" pleadings for parties, which means I prepare a pleading for their signature....I am not an attorney of record so all the pleadings still goes to the party, but at least they can have a proper document filed with the Court. Perhaps you will be able to get some guidance.

The fact is, even though you may not afford a lawyer's fee, you can not afford not to have legal advise and counsel.

Good luck to you.

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