is this true i have am so close to having the entire amount due including late and legal fees but the bank wont except partial payment. hud councilor is confident a modification will be worked out within 4-6 weeks but the summons is like almost here do i need to go? What happens if i dont? THe summons is for Kane COunty IL
Lawsuit / Dispute Attorney
A foreclosure case has been initiated against you. Your attempt to modify your loan does not guarantee you that the lender will wait to foreclose on your house. You might have a little bit of time to try to finish your modification, but you definitely do NOT want a default judgment being entered against you. Once you get a notice that there is a “motion for a default judgment”, make sure you appear on that date. If you got a modification signed, show it to the judge. If not ask for more time. If that does not work, ask for time to hire an attorney. Good Luck.
1 lawyer agrees
Mr. Lysinski provided you with a good answer. You can see if the modification goes through in the next month or two and you should be fine in terms of the foreclosure case. However, if you get a motion for default and you want to participate in the case, go to court on that scheduled court date and request leave to answer or otherwise plead to the complaint, or more time to hire an attorney. It would probably be a good idea to hire an attorney at that point if you haven’t been awarded a loan modification, and especially if you think you should’ve been awarded a loan mod. I know the summons provides you with a deadline, but if you appear in court on the date that the bank moves for default (you’ll receive a copy of a motion for default in the mail) for the judge will pretty much definitely give you more time to answer or otherwise plead(however, don't push for more time beyond what the judge allows you on that default date...some judges are very strict and they only give you one extension of time).
The information in this answer is not intended as legal advice nor do I intend to create an attorney-client relationship with any reader simply by answering this question or contributing as a member of AVVO.