I want to know how I can file the letter myself and want to possible pay the default amount or get a loan modification
It appears that you are being sued by the mortgage holder and they have an attorney. The response required is an answer to the Complaint and simply writing a letter to the Court saying you want to pay the arrears or get a modification may result in a default judgment in favor of the mortgagee. Hire an attorney to defend the lawsuit to allow time to reinstate the loan or get a modification. You are in danger of losing the home and any equity you may have in it, and this matter should treated with those possibilities in mind.
A foreclosure action is like a battle with a mythical beast which has many heads. Very often the legal department, the bank's mortgage division, and their modification division do not communicate with one another well, which leads to often times, confusion and inefficiency in handling these cases. Although, as you likely understand already from the facts as presented above, you can always try pay the default or get a loan modification. This in itself does NOT stop the legal department from continuing to pursue obtaining a judgment against you and having the home taken through foreclosure proceedings. You must still fight the foreclosure action to get back into good standing with the Bank. I know many people attempt to represent themselves to save money. However, you would not consider re-wiring your entire home without a licensed electrician. Likewise, without experienced counsel to help you navigate through all this you potentially may lose your greatest financial asset, your home, in an attempt to save a few pennies. This website or the Florida Bar (floridabar.org) are wonderful resources to find counsel. I highly suggest you take advantage of the free consultation many firms, like my own, offer and contact one immediately. Good luck with your endeavors!
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You can but it is not advised. I have seen far too many people try to do it themselves and lose their house in the meantime not properly defending the case. Homwowners do not know the proper legal defenses to allege and often waive valuable defenses. Loan modification does not stop the court process. Please consult with a foreclosure defense lawyer ASAP!! Many of us charge a few hundred bucks a month and it's VERY affordable versus losing your home and/or having to rent.
Information posted or made available on or through this site is not intended as legal advice or to create an attorney-client relationship between you and any attorney/this firm until officially retained. You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. HK Legal Group, P.A. is a real estate and general practice law firm located in Boca Raton, Florida.
You never want to file an answer or a letter in a foreclosure lawsuit, as it can come back to haunt you. Filing an answer removes your right to later claim any defenses such as proper service, deficiencies in the complaint, all of which an attorney files with their motion to dismiss. If you hire the right attorney, we can both defend your foreclosure value time and get you a loan modification that suits your you never want to file an answer or a letter in a foreclosure lawsuit, as it can come back to haunt you. Filing an answer removes your right to later claim any defenses such as proper service, deficiencies in the complaints, all of which an attorney files with their motion to dismiss. If you hire the right attorney, we can go to fund your foreclosure bayou time and get you a loan modification that suits your Financial capabilities. Doing it yourself is always a risk and could have serious consequences, like losing your home. What you pay is minimal for peace of mind. Consult with an attorney
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