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lorik · Joined: 05 May 2009 Posts: 5 3.24 Dollars($)

I have been in a 2 year court battle with ex (unmarried). Mortgage company was willing to modify loan in my name only if ex would sign QCD. Ex refused. Ex's BK was canceled one week ago. Today I received a civil summons for foreclosure from the mortgage company.

If I can get ex to sign modification papers or QCD at this point, is it too late?

The papers say a default judgment will be issued if no response is received within 20 days. Should I call my attorney? I have spent thousands on my attorney, so I don't want him working on a wasted effort. What can my attorney do to help me? Do I have a defense to avoid deficiency judgments from the qst or 2nd?

jameshogg · Posted: Mon Feb 22, 2010 8:26 pm Post subject:

Hi lorik,

You can definitely apply for a loan modification now, but your ex will have to sign the modification documents for you to get help from the lender. You will have to do this within 20 days or else the lender will get a default judgment against you. You can definitely take the help of an attorney. He will be able to help you in negotiating with the lender. If the lender forecloses the property, you would be responsible for paying the deficient amount.

Thanks

Posted: Tue Feb 23, 2010 4:07 am Post subject:

How do I go about filing a 30-day extenstion for time with the mortgage company?
Do I simply send a letter?

Niicss · Posted: Wed Feb 24, 2010 2:43 am Post subject:

Yes guest, you'll have to send a letter to the lender stating that you want an extension period. The lender will let you know whether or not you would get an extension.

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