is it better to answer a mortgage foreclosure summons?
My husband was laid off in January. One of the first things we did was to call our mortgage company and try to get a modification. We got behind on the payments, and the other day a summons was dropped off. It said an answer was due in writing within 20 days. I immediately called the mortgage company, and they told me not to panic, that the modification should be approved soon and it would stop the foreclosure. I told them about the summons and they said to call the lawyer listed in it. I called the lawyer and asked them about answering the summons and told them what the mortgage company had said about the modification, She told me we didn’t have to submit a written answer to the summons if we didn’t want to, and to keep calling and checking on the status of the modification, Should we answer the summons or does it not matter? She told me that answering it wouldn’t stop the foreclosure, the only way to do that is to get the modifiication worked out. P.S. my hubby is back at work now and I’m looking for work myself, so we should be able to handle payments at a reduced interest rate,
May 23rd, 2010 at 10:36 pm
Always answer the summons, in writing.
In the courts, if it isn’t on paper, the conversation never happened.
May 24th, 2010 at 8:06 am
If I am reading this correctly, you are accepting “advise” from an attorney that may be suing you to foreclose on your home?
Ask yourself: Should Tweety Bird accept “advise” from an attorney that’s been paid for by Sylvester the Cat? Should the Road Runner accept advise from an attorney that’s been paid for by the Coyote? Do you see a “conflict of interest” here?
A summons is a serious matter and the usual protocol is to fill it out completely. I am unaware of the specifics for a summons regarding a potential foreclosure. I know that with credit card debt, if you fail to respond to the summons within the 20 day time frame, that the other side will win a default judgment.
I would urge you to hire an attorney for specific advise on how you should respond to this summons…From what I understand I think that you need to file an official response to this summons with the 20 day time frame.
My sister lost her home last year to foreclosure based upon really bad advise she received…please be careful here. If you can’t afford an attorney, then contact your local Red Cross for a referral to the local legal aide society in your area…they “may” be able to give guidance.
Here is a message board on Google where a lot of attorney’s post.
http://groups.google.com/group/misc.legal.moderated/topics?lnk