I received a foreclosure notice yesterday and have 20 days to reply. Have been approved for short sale program by the lender

Asked almost 2 years ago - Miami, FL

My estranged husband and I have been approved for the short sale program but was served foreclosure paperwork and ask to respond in 20 days. Not sure how I should respond?

Attorney answers (6)

  1. Sheryl Ann Edwards

    Pro

    Contributor Level 12

    7

    Lawyers agree

    Answered . Have you found a buyer for your property yet? If so, when does your transaction close? If your short sale does not close within 20 days, I would highly recommend that you hire an attorney to enter an appearance and defend the foreclosure on your behalf to allow your short sale to be completed.

    This information is being provided for informational purposes only and is not to be taken as legal advice or to... more
  2. Michael Saracco

    Contributor Level 2

    5

    Lawyers agree

    Answered . The foreclosure process unfortunately does not stop even if your short sale is approved. You should consult with an attorney as soon as possible. If you do not answer within 20 days a default will be entered and there will be no short sale.

  3. Joshua Jonathan Tejes

    Contributor Level 11

    3

    Lawyers agree

    Answered . Definitely contact an attorney so that you can make sure that the bank does not default you.

  4. Nicholas H. Felzen

    Contributor Level 6

    2

    Lawyers agree

    Answered . Although you have been approved for a short sale by the Bank, you should definitely file an Answer with the Court and attach the approval letter for your short sale and send the Bank's attorney a copy of the Answer and attachment. You may consider hiring an attorney to help you with this.

    Legal disclaimer: As stated in the AVVO.COM Terms and Conditions of Use, this answer is NOT intended as legal... more
  5. Paul A Meadows

    Contributor Level 6

    2

    Lawyers agree

    Answered . Short Sale approval will not delay, prevent, or otherwise halt foreclosure proceedings. The bank will try every option at its disposal to collect. You must serve a responsive pleading within the 20 day period or risk having a default entered against you. The pleading may take the form of either a Motion to Dismiss, an Answer, or an Answer with affirmative defenses. An experienced attorney should be able to give you more than enough time to effectuate your short sale.

  6. Barry Lawrence Simons

    Contributor Level 1

    1

    Lawyer agrees

    Answered . You should retain an attorney to file a response to the lawsuit while the short sale is pending. You do not want to waive any defeneses you have to the lawsuit and the short sale can be time consuming. With an attorney invovled in the foreclosure you will have a better handle on what is happening in the case and if any action needs to be taken to preserve your short sale someone will be there already to handle this for you.

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