You couldn't possibly know how to file a legally sufficient response, that is what attorneys are for. In order to keep the house, you must either make up any payments that were missed or find a solution to the existing default. The bottom line is that you MUSTget a knowledgable attorney on your side to push back and to use any and all legal leverage that is applicable to your case to stop the train. There are often a number of different possibilities, however in order to understand what they are and to be properly advised so that you can elect the strategy that makes the most sense to you, and that works best for you, you need to consult an attorney who undertands both foreclosure litigation and Chapter 13 bankruptcy, to obtain specific advice regarding the defense potential of your case. While people are allowed to represent themselves in court, it is a huge mistake to try. In order to do this effectively, you should obtain the services of knowledgable foreclosure litigation counsel. This is not something that even most attorneys know how to do. We have quite a few clients who are themselves attorneys, yet have come to us for help because they understand this, and realize that in order to have a chance against the "big guys" they need really qualified people to help them.
Doing this properly is very difficult and detailed work. It is a very specialized area of law which most attorneys do not fully understand, and there are few if any consumers who would be able to put together any sort of viable defense. I am puzzled at why any non‐attorney would think he or she could successfully handle a litigated matter without an attorney
highly qualified in the area of law in question. This is comparable to doing delicate surgery yourself or a loved one if you are not a surgeon.
The law is very complex, litigation rules and procedures are very complex, the strategic considerations are very complex,and the areas of foreclosure litigation is something even most attorneys know nothing about as explained above, and is constantly changing. Every case is different, what might be possible in this situation would depend on the exact details
and legal issues in your case. Only a really qualified foreclosure defense attorney will know how to even figure out what those are. An attorney who really understands how this works needs to hear all the details.
If you care how this turns out, I urge you to find an experienced attorney who is knowledgable about foreclosure defense to represent you. I see pro se people in court all the time. It is sad and frustrating to me ‐ they are lost, cannot possibly know enough to be effective, and I urge you to find an experienced attorney who is knowledgable about foreclosure defense to represent you. I see pro se people in court all the time. It is sad and frustrating to me ‐ they are lost, cannot possibly know enough to be effective, and of course, they get walked all over, even when their issues are winnable.
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
This is a very common situation these days in which one spouse is awarded a house which is in foreclosure or otherwise totally underwater. There are certainly ways by which to keep you in the property and prolong this matter, but you will need to contract an attorney immediately. The foreclosure defense process should begin now. Additionally, consideration should be given to a long term plan with regard to the house (i.e. will you be looking at a short-sale) and what are you financial obligations for thie property?
Your rights in family law and your rights in foreclosure are vastly different. You may have legitimate defenses to the foreclosure and you may have recourse in your family law case. The worst thing you can do is to do nothing. You must seek legal help to determine your rights.
I am sorry to hear about this. You will need an attorney to prepare an answer with affirmative defenses for you and negotiate with the bank. An experienced foreclosure defense attorney will be able to advise you as to what your options are to avoid foreclosure. I could meet with you tomorrow for a free consultation in my offices in Tampa. Please call 800-673-7905 to schedule an appointment time. I wish you the best of luck in resolving this matter.
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