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In short sale (waiting on response from lender) have been served with the foreclosure summons. Do I need to file answer?

Have been in constant communication with lender, calling every month making notes of each conversation. Placed house on market in March 2009 when we missed our first payment. Secured buyer in October 2009 and broker submitted all the paperwork to lender. It's November 2009 and we are still waiting to hear back from lender to see if the offer has been accepted. However, lender had already moved forward with foreclosure proceedings, we were served in mid-October. Do I need to file an answer to the foreclosure summons? Or do I need to wait to get the response from the short sale? If I don't file the answer won't they move forward quickly with the foreclosure and will that negate the short sale? Really confused on what to do?

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Attorney answers (2)

Avvo Pro

Reputation Level 13
Please know that answering the complaint incorrectly will is the same as pouring gasoline on a fire. They will move to summary judgement if you answer incorrectly, and if you do not answer you will get a default judgement, both of which will place your short sale in danger of not getting accepted. Please contact competent counsel. Please examine a deed in lieu of foreclosure. If you have not notice, please recongnize that the Lender may be stringing you along while they are actively foreclosing on you. Please beware. Most unfortunantely, many of our clients come to our office too late. Please do your research.
1 person marked this answer as good

Reputation Level 15
Yes, you should answer the foreclosure lawsuit. Ignoring it will allow the lender to obtain a default judgment and this could impact your short sale. Don't take the chance.

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