I was just served a civil action summons for foreclosure. It states I have twenty days to respond to the county courthouse.

Asked over 4 years ago - Clearwater, FL

Is there a form that I need to fill out? I would like to do a short sale. I tried to do a modification with the mortg comp and I was approved for hemp program but the investors will not work with me in any type of modification. I have owned the house since 1984. My husband was on disb because he went blind and then dropped because he has partial vision in one eye and then I lost my job. I have another now. The house is not worth what I owe. I need advise.

Attorney answers (4)

  1. Ayuban Antonio Tomas

    Pro

    Contributor Level 20

    Answered . If you don't respond you will waive certain rights. You should find an attorney to help you as soon as possible.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

  2. Justin Scutt Warren Mcmurray

    Contributor Level 6

    Answered . You definitely need to file some response within the 20 day time period, and you should try to find an attorney to help you. If you think you may not be able to afford an attorney, you should contact one of the legal aid organizations in your area (I have listed some of them below). Whatever you do, do not wait past the 20 days to act, as important property ownership rights may be negatively affected.


    Gulfcoast Legal Services, Inc.
    314 S. Missouri Ave., Suite 109
    Clearwater, FL 33756
    Phone: 727-443-0657
    Fax: 727-461-9160
    Office Website: www.gulfcoastlegal.org
    Counties Served: North Pinellas County


    Gulfcoast Legal Services, Inc.
    641 First Street South
    St. Petersburg, FL 33731
    Phone: 727-821-0726
    Fax: 727-821-3340
    Office Email & Website:
    www.gulfcoastlegal.org
    Counties Served: South Pinellas County


    Bay Area Legal Services - West
    2600 Dr. Martin Luther King Street, Suite 401
    St. Petersburg, FL 33704-2744
    Phone: (727) 490-4040
    Fax: (727) 490-4045
    Counties Served: Pinellas


    Community Law Program (Pro Bono Program)
    501 First Avenue North, Room 512
    St. Petersburg, FL 33701
    Phone: (727) 582-7402
    Fax: (727) 582-7276
    Office Email:
    clp@lawprogram.org
    Office Website:
    www.lawprogram.org
    Counties Served: Pinellas

  3. Margery Ellen Golant

    Pro

    Contributor Level 20

    Answered . No, there is no form to reply to a summons and complaint, which are the items that initiate a civil action. The sort of reply that should be made depends on the exact issues that exist, however the "right" thing to file is definitely NOT that you aree approved for HAMP or that the investor won't work with you. Every case is different. Only a really qualified foreclosure defense will know how to even figure out what those are.

    There is no way to be more specific without much more information. That is why an attorney who really understands how this works needs to hear all the details. It may be that bankruptcy is your best option, and if so, there may be no need to do a short sale or to defend against foreclosure, however, as always, it depends on the details.

    If you care how this turns out, I urge you to find an experienced attorney who is knowledgable about foreclosure defense and bankruptcy to help you. While you may think you can't afford competent counsel, you can't afford NOT to have proper advice and assistance. There may be ways to force the mortgage company into a HAMP modification, but there are very few attorneys who know how to do this. If you are indigent, contact the local Bar Association to see if there is a Legal Aid agency in your county taking foreclosure defense cases or if there is a pro bono program sponsored by the local Bar Assocation.

  4. Charles Reiger Gallagher III

    Contributor Level 12

    Answered . As you can see from the prior answers, you really need to consult an attorney.

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

Get free answers from experienced attorneys.

 

Ask now

18,208 answers this week

2,377 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

18,208 answers this week

2,377 attorneys answering