A foreclosure complaint was addressed to me and my wife. I answered the complaint and it came back as "contested" but forgot to include my wife's signature. Now I received a "Request to Enter Default" addressed to my wife and really don't know how to proceed.
Any advice is greatly appreiated...
You should oppose the request to enter default in writing and also write a cross motion to include your wife as part of your answer. I've handled many foreclosure cases for homeowners. If you'd like, you can contact me for a free consultation.
I agree with Mr. Bucci but I would want to know whether or not you have raised a valid defense in your contested answer. More than likely the next move of your lender will be to file motion for summary judgment against you - regardless of the outcome of the entry of default against your wife or whether or not she is included in your answer. Judges are pretty tough on these motions and it may be tough for you to prevail. That said, it will not have affected the time-line much. Are you applying for a loan modification? Do you think you have a good chance of getting one? Are your goals to save the home or just to buy more time in the home before an inevitable sheriff sale? The answers to these questions should govern your strategy in the case.
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