I have filed a motion to extend the amount of time to answer my foreclosure summons the court has set a hearing for December 10

Asked over 1 year ago - Orlando, FL

what exactly should I say besides I need more time to research my options ?

Attorney answers (3)

  1. Margery Ellen Golant

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . That is not likely to carry much if any weight. The date is a whole month away, so you have that month to 'research your options'. You would be much better served to use the time to find a knowledgable foreclosure litigation attorney to explain your options, to get involved and to defend the case properly. There is so much incorrect and deceptive material "out there" that when people try to figure this out, and to attempt to apply it to their own situations, even if they are attorneys, it is virtually impossible. This is not something that even most attorneys know how to do. We have quite a few clients who are themselves attorneys, yet have come to us for help because they understand this, and realize that in order to have a chance against the "big guys" they need really qualified people to help them.

    It is entirely possible that there are good issues that may provide a serious defense, but you need an attorney who really knows the ropes to articulate them properly. you should consult an experienced foreclosure defense attorney to obtain specific advice regarding the defense potential of your case. Depending on all the details, it may very well be possible to put on a
    viable defense to foreclosure perhaps relating to issues you are not even aware of. However, while people are allowed to represent themselves in court, it is a huge mistake to try. In order to do this effectively, you should obtain the services of knowledgable foreclosure litigation counsel.

    Doing this properly is very difficult and detailed work. It is a very specialized area of law which most attorneys do not fully understand, and there are few if any consumers who would be able to put together any sort of viable defense. I am puzzled at why any non‐attorney would think he or she could successfully handle a litigated matter without an attorney highly qualified in the area of law in question. This is comparable to doing delicate surgery yourself or a loved one if you are not a surgeon.

    The law is very complex, litigation rules and procedures are very complex, the strategic considerations are very complex, and the area of foreclosure litigation is something even most attorneys know nothing about as explained above, and is constantly changing. Every case is different, what might be possible in this situation would depend on the exact details and legal issues in your case. Only a really qualified foreclosure defense will know how to even figure out what those are An attorney who really understands how this works needs to hear all the details. Some people hold off contacting an attorney because they think the cannot afford to be represented, but in truth, if you are seriously interested in trying to resolve the problem without losing your home and / or without facing a huge deficiency judgment, you can't afford
    not to. We try very hard to make financial arrangements with potential clients that put serious, aggressive, state of the art defense techniques within reach of people who have been beat up and abused by the financial services industry.

    If you care how this turns out, I urge you to find an experienced attorney who is knowledgable about foreclosure defense to represent you. I see pro se people in court all the time. It is sad and frustrating to me ‐ they are lost, cannot possibly know enough to be effective, and of course, they get walked all over, even when their issues are "winnable".

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-... more
  2. Joshua Jonathan Tejes

    Contributor Level 11

    2

    Lawyers agree

    Answered . You should look for an attorney to represent you. Foreclosure defenses tend to be very technical and I doubt that the judge will give you more time unless you have a defense and plead it correctly.

  3. Sergio Cabanas

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . Based on the limited facts provided, it would appear that the court is likely to liberally grant your motion for extension, and likely to give you a set amount of time for you to present your defenses or retain an attorney to represent you. However, you shouldn't press your luck. As stated in other responses, you're "playing with fire" when it comes to forclosure defense litigation. This is very complex, and one mistake can result in a waiver of good defenses and strategies you would have otherwise been able to assert. You're still in time to present good defenses, if you get the right attorney. Good luck to you and your family!

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,208 answers this week

3,044 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,208 answers this week

3,044 attorneys answering