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II have been sent a "summons" for foreclosure. What do I do now?

What do i do now?

sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

You need to reply to the summons within a period of 20 days in order to avoid any legal action against you.

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shall1432's picture
shall1432 | Joined: February 10, 2009 05:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Call up your mortgage company and request a Mortgage Modification. Tell them that you would like to modify your mortgage and to send you a Mod. package out ASAP. Please complete the package and return it to them promptly.
But most importantly you have to respond to the foreclosure summons within the 20 day time period. IF YOU HAVE TO PLEASE WALK IT IN ATLEAST 2 DAYS before the 20th day to be sure it is received and documented or you may mail it in but I suggest taking it to the court house yourself to ensure they have it. Below is a sample of the letter you need addressed it to the clerk of court, if you dont know who it is call up your court house and explain to them that you need to respond to a foreclosure summonns and they will give you the name and address of the clerk of the court that you need. if Mailing I suggest you mail it in within atleast 5 days of the 20th day.

Sample:

February , 2009
Re: Case #
To the Office of (Sharon R. Bock), Clerk & Comptroller:
I would duly submit this written response to the aforementioned case number as ordered in the attached copy of the summons. I am currently doing all that I can to resolve this situation prior to it entering foreclosure proceedings. I am working with a HUD approved Home Counselor who is providing me with guidance as to what my choices are, as well as attempting to contact the lender in an effort to come to some sort of resolution to my current predicament.
In summary I am a distressed homeowner who is doing all he can to resolve this situation in an effort to maintain ownership of the home and honor my obligation to the mortgage company. At this time I would simply request more time to continue contacting the lender in order to secure a mutually beneficial workout program. I greatly appreciate your attention to this matter and look forward to your response. Please contact me immediately if have any questions at 561.111-1212; thank you.

Sincerely,

Your name here

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shall1432's picture
shall1432 | Joined: February 10, 2009 05:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

if necessary please contact HUD to assist you, it's free of charge. go to www.HUD.org. to locate a councelor. It may ask you for your zip code. or google HUD foreclosure councelor

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Well as a person who had to file their own answer to a complaint, I was really freaked out! I spoke to an attorney but he told me that his fees would be as much as the plaintiffs fees, so I didn't really see any help other than trying to get it all thrown out, which wasn't the case for me. I just wanted to pay the fees I owed without having to pay ANY attorney fees, regardless of who's side they were on.

So for anyone out there trying to do it yourself, here is copy of what I filed. All you have to do is admit or deny each of the complaints on your complaint letter. I took 2 copies to the county courthouse (so they could certify one for me and one for them) and mailed one certified to the plaintiffs attorney. I hope it helps anyone who is clueless about what to do and how to respond. Good luck:

IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT IN AND FOR ORANGE

COUNTY, FLORIDA

CASE NO:

**PLAINTIFF**

Corporation,

Plaintiff,

v.

**YOUR NAME**,

Defendant.

ANSWER AND AFFIRMATIVE DEFENSES

COMES NOW the Defendant, **YOUR NAME**, files this Answer to the Complaint filed herein by the Plaintiffs, **PLAINTIFF**, and would state as follows:

1. The allegations of paragraph 1 are admitted.

2. The allegations of paragraph 2 are admitted.

3. The allegations of paragraph 3 are admitted

4. The allegations of paragraph 4 are admitted.

5. The allegations of paragraph 5 are admitted.

6. The allegations of paragraph 6 are unknown and are therefore denied.

7. The allegations of paragraph 7 are denied as phrased.

8. The allegations of paragraph 8 are unknown to the Defendant and therefore denied.

9. The allegations of paragraph 9 are admitted.

10. The allegations of paragraph 10 are admitted.

11. The allegations of paragraph 11 are admitted that Defendant owes the principal sum and additional assessments that have come due thereafter. The remaining allegations are denied as phrased.

12. The allegations of paragraph 12 denied as phrased.

13. The allegations of paragraph 13 are admitted.

14. The allegations of paragraph 14 are admitted.

15. The allegations of paragraph 15 are unknown and therefore denied.

16. The allegations of paragraph 16 are unknown and therefore denied.

AFFIRMATIVE DEFENSES

1. Plaintiffs attorneys’ fees have not been broken down to establish what the attorneys fees are exactly covering, including how many hours were worked, etc

2. The Defendant made several payments to the Plaintiff, all of which were sent back to Defendant except the last one as noted on EXHIBIT B. It should also be noted Defendant has maintained a credit balance with Plaintiff on several occasions over the last 5 years and the account has only recently become past due.

REQUEST FOR CONFERENCE

Defendant, **YOUR NAME**, requests a conference to settle all issues.

I hereby certify that the original was hand filed with the clerk of courts and a copy was sent by US Mail to **PLAINTIFFS ATTORNEY**, esq. on date **MONTH DAY,YEAR**.

**YOUR NAME**

Pro Se Defendant

**YOUR ADDRESS**

**YOUR PHONE #**

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Thanks for sharing that info drl213. I got served from the lawyers of HOA for past due fees. I debating about hardship letter or the response you wrote? I;m curious on the outcome of your case? Was it postponed till you had the money to pay?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Thanks for the info shall1432 and drl213.

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi David,

If you got served summons from the lawyers of HOA, you need to give a reply to it to avoid any legal action being taken against you. You should appear in the court on the scheduled date, if you have been asked to do so. If you don't, the HOA may get a default judgment against you. Consult an attorney if required.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I cant afford a lawyer, Please tell me how to respond to the notice,

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Betty!

Welcome to forums!

A query similar to yours has been replied to in the given page:
http://www.mortgagefit.com/predeal/about40017.html#169705

Take a look at it. Hope it helps you.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

How do I respond to summons?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Elle!

Welcome to forums!

You can contact a real estate attorney and he will help you in replying to the summons that you've received.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have seeked the advice of an attorney and the fees are outrageous. $1400.00 down and 400.00 a month until the foreclosure is done. How are people expected to be able to keep their homes with these ridiculous fees.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My attorney told me that I can file for an extension of 30 days to interview and seek proper legal counsel. At least is gives me a little more time:) I still looking for how to do today...

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i need to know how to answer the summons to foreclose the bank has pulled some fast ones in the past in 2007 they modified the loan then did not file to dismiss the forecloser till 2009 what should i do

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi david,

You should contact your attorney in order to know how you can reply to the summons. He will guide you in a better way in this regard.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

the problem is i have no atty

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi david,

I can understand your problem. But unless you take the help of an attorney, you won't be able to give a reply to the summons.

Thanks

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

David, you may be able to find legal representation by contacting Legal Aid within your state. They would be available to assist those who cannot afford their own attorneys.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

How do I properly reply to a foreclosure summons where we do not want to keep the house and want forebearance on the deficiency balance after the sale.

We lost our jobs in KY and moved to NC for better offers!

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

It's not a forebearance. We want to word it where we won't be stuck with any $$ owed by us after the sale of the house.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Garfield,

You need to contact an attorney and he will guide you in writing a reply to the foreclosure summons as per the terms and conditions you want.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

@ David:

File an answer within the # of days required to avoid a default judgement against you. This will buy you additional time to try to resolve the matter via short sale, deed and lieu, mod, etc...courts have now been forcing the foreclosure cases to a mediation conference. Your case should be referred to mediation prior to going to trial but only if you respond to the summons.

If you don't respond, you're giving the bank a free pass.

Just deny the allegations in your response (Use the template above that drl213 posted). This will buy you more time and the courts should then setup a mediation with you and the bank rep capable of negotiating on the spot. If they give you a trial date with no mediation, you can write a request for mediation and the courts should be more than willing to grant that.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I can not afford to pay the home i am not working at this time. How do I write a response to state that i turn over the home to the mortage Co.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Lina!

Welcome to forums!

You can contact the lender and apply for a deed in lieu of foreclosure by writing a hardship letter. If the lender is convinced by your hardship, you will be able to sell off the property and you won't remain liable for the deficient mortgage dues.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If the 1st mortgage takes the property and there is a tax lien that will receive the first monies, what happens with the 2nd mortgage? Is that wiped out or am I still held liable?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Barbie!

Welcome to forums!

The [url=http://www.mortgagefit.com/second-mortgage.html]second mortgage[/url] won't be wiped off. You will be liable for paying the second mortgage lender. If the lender does not receive his dues, then he will charge off the mortgage and assign it to a collection agency who will in turn contact you for the dues.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

So we have been served our summons with 20 days to respond. I can't understand anything in these documents. I know we can't afford to keep our property. My worry is, what can they come back on us for, besides all the property? Can they sue us for any of the balance? Garnish my husbands check? Throw him in jail? We are in financial ruin and have no money or anything of value to give them.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Chanta!

Welcome to forums!

You should contact your attorney and take his help in replying to the summons. If the property is foreclosed by the lender, he will be able to come after you in order to recover the deficient balance from you. He can sue you for the balance amount.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Thank you for this advise...its greatly apperciated

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am a principal of a school and a teacher has lodged a grivience to my senior and has not followed the protocol which has been agreed upon. I am requested to respond. How do i formulate the response?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome fannie,

You should contact an attorney and he may assist you in this regard.

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julie2's picture
julie2 | Joined: December 3, 2012 05:51 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

We were served on 10/29/2012. I can not afford a lawyer and legal aid says my family of 3 makes to much money for their help. I have to file on my own. Any words of wisdom? I am using the form posted by drl213 as a starting point.

Also we are in the modification process with our bank but are waiting on the underwriters. Can I ask for an extension? We have tried contacting local agency's set up to help but either we make to much or they never get back to us when they say they will. Sad thing is I could quit my job and get all kinds of aid, (medical, daycare and other wise) but my partner and I have to much pride for that.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

HI julie!

Welcome to forums!

Yes, you can definitely apply for an extension. But it will be the lender's discretion as to whether or not he will consider your request.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am a previous owner to the said foreclosed property. The Paragraph referencing me and my Title company (at the time) states,
"That {FULL NAME} may claim some interest in the property described in the subject Mortgage due to that certain Instrument recorderd in Official Records, Book #, Page # of the Public Records of **** county, Florida; however said interest is subject, subordinate and inferior to the lien of the Mortgage held by the Plaintiff".
The Instrument that it is referencing is MY mortgage note from when I bought the place.

What do I answer on all the counts??

Help.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Laurel,

You should get this clarified from a real estate attorney and take his opinion in this regard.

Thanks

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