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Summons served but on my equity line of credit which is current (well now 1 month behind because they won't take my payments)

Pembroke Pines, FL |

I was just served with a summons to foreclose on my home but on my equity line of credit? I am behind on my first mortgage but am working on getting the loan modified. I am (or I was) current on the loan they are serving the summons on. They won't accept payments. They are two seperate loans (issued by the same bank) and do not have the same account numbers or interest rates. when i called the bank the girl in the "foreclosure" department said it was their way of getting me to call to bring the 1st mortgage current? can they do this. i have 20 days to reply and i don't know how to reply to the courts? any advice from anyone? the lender said they would send me modification information? does this sound right?
p.s. she was in training.

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Attorney answers 1


You need a competent foreclosure defense attorney IMMEDIATELY. Do not take the word of ANYONE at the ffices of the bank - clearly they don't know what they are talking about. I often find this - they give borrowers wrong advice all the time. They are not attorneys, and have no interest at all in what happens to you and your home.

Foreclosure defense is a very specialized area of law - it entails an extensive understanding of mortgage law, real estate law, consumer law and litigation, and often other things as well. Not all attorneys are able to naviigate through all the issues in order to analyze a case, and there are many possible variations.

I practice foreclosure defense in Florida. If our help is desired, our contact information is on our web site.

Be very careful - they are not kidding about that 20 days. Also, there are all sorts of scam artists now in Florida offering to "help" people in foreclosure. These are generally scams.