You should immediately consult an attorney. Unless your modification efforts are successful, only an attorney can assert the legal defenses that will allow you to seek a resolution of your foreclosure case. Many times the homeowner is currently unemployed or is experiencing a severe decline in monthly income, and may not currently qualify for a modification. The homeowner needs time to get his or her finances straight in order to have a fair shot at modifying his or her loan.
Respond to the Complaint
In the event that you cannot or do not hire an attorney, you must respond to the complaint within the time specified in the summons. Usually you have 20 days, although lately I have seen summons that specify a 30 day deadline for response. Your initial response should simply ask the court for time to frame a more proper response to the court. This may provide you with the time needed to obtain your loan modification. Once you receive a loan modification, "trial period" or otherwise, you should forward a copy to the lender's attorney immediately. Many times it will take months before the lender's attorney is advised that a modification has been reached. In the meantime, the foreclosure case is proceeding against you. If you are not able to secure the modification you should retain an attorney immediately before it is too late to assert any defenses you may have. Any response should be documented by sending the original to the court, and a copy to the lender's attorney.
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