I was served a foreclosure summons, I filed a motion to enlarge time within the 20 days to respond in an effort to seek legal advice/representation.
This was a week ago, Checking the court docket online, there is no response to the motion yet.
Now I am wondering if an answer to the summons (denying complaint) should have been filed at the same time, or is the request for more time to respond good enough?
In addition, a bit more confusing info given to me today, is a hearing set for such a request or should I have included a stamped, self addressed envelope for the court to mail the response? Thanks for your answers.
Car / Auto Accident Lawyer
There won't be a response to the motion, unless the plaintiff files a memorandum in opposition. The motion will need to be set for hearing in order to get an order from the judge. If you don't set it yourself in a reasonable (subjective) amount of time, the plaintiff's attorney will set it or will move for default (not proper; but it will light a fire under you). In the meantime, you should meet with an attorney to prepare your answer and to review whatever defenses and counterclaims you should file.
I recommend that you contact Gary Singer, Esq. He is board certified and he even lectures to other attorneys about foreclosure defense. His number is 954-851-1448.
Dennis Phillips, Esq.
www.inawreck.com. Negligence is no "accident" (TM)
Million Dollar Advocates Forum, Mensa, Florida Bar, American Association for Justice, Florida Justice Association, Palm Beach County Justice Association, Broward County Justice Association
What you did was ok for a temporary move - it will prevent entry of a Clerk's default for a limited period of time. You should NOT try to answer the summons yourself - people usually do that completely wrong when they try and do far more harm than good. What you need is a qualified attorney who will know what the correct thing is to file for YOUR CASE. No two cases are exactly the same, you should not use cookie cutter responses.
The Broward County docket is typically many weeks behind, so you will not see things there until a long time has passed. Furthermore, any response would be served directly on you by mail. Most likely the Plaintiff law firm will just set the matter down for a hearing on Summary Judgment and will not directly respond to your motion.
Whenever we meet with a new client, we go through ALL the particular facts and details of their case with them so that we can evaluate and decide what strategy or strategies make sense for that particular case. That is what needs to be done.