This is an ideal time for you to consult with a foreclosure attorney. Reason being that an attorney can best assist you when he or she becomes involved in the case early. The summons tells you that you must answer or otherwise plead to the complaint within 30 days from service or be subject to a default judgment. An attorney can assist you with answering or filing a motion to dismiss to the complaint. Otherwise, your answer and defenses, and whether to file a motion to dismiss, will depend upon your individual circumstances and your loan. Provide your attorney with all closing documents, correspondence from the bank, and loan modification documents that you have. Our office is experienced in foreclosure defense and feel free to give us a call: (630) 575-8181.
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Hire an attorney now. A good attorney can litigate the case for up to three years while you remain in the property. Happy to discuss with you, free of charge.
I encourage you to sit down with an attorney and all relevant documents to discuss, as soon as possible.
It may be that a motion should be filed at this stage, in lieu of an answer.
Does the plaintiff have standing to sue?
Was an acceleration notice sent (if required under the loan documents)?
Is this a Federal Housing Administration loan and, if so, has there been compliance with those requirements?
Are a copy of the note and a copy of the mortgage attached to the complaint?
Have there been any violations of the Fair Debt Collection Practices Act?
Or the Truth in Lending Act?
If you are trying to work with the bank, that may affect how you are going to proceed in the foreclosure litigation.
Hope this helps. Good luck!
Robert T. Kuehl
Kuehl Law, P.C.
It is important to consult with an experienced bankruptcy and foreclosure defense attorney as soon as possible. You need to discuss your goals, such as whether you want to remain in the house, and catch up in the payments, or just "buy time" and eventually move out. You can then decide whether bankruptcy, defending the foreclosure, short sale, or a combination of any of those are best for you.
In some situations, defending the foreclosure will accomplish the goal of seeing whether there are true "defenses", and getting additional time to stay in the property. In other cases, if you intend on catching up in the payments, a Chapter 13 bankruptcy can help.
It is best to set up a consultation with an attorney who can advise you on all of your options.
Daniel J. Winter
Any advice given is general in nature and cannot be relied upon until the client retains the attorney after a full interview and review of the facts of the situation. No attorney-client relationship exists until a retainer agreement is signed and fees are paid.
I agree. Especially with finding an attorney that knows foreclosure and bankruptcy law. Make sure you do this asap, and before a default judgment is entered. Good Luck.