February 20, 2009

Q&A: Miscommunication—Papers Served

Q. I have not made my mortgage payments for the past six months but the lender had said they would try to do a modification and make the payments lower so I could afford them since I am back at work. Today I received a notice with the word “summons” on it indicating that the lender has filed for foreclosure. It says I have 20 days to respond. I have no idea what to do. Who do I respond to? What do I tell them? Do I need an attorney to do this? Please give me some answers—FAST.

A. First, calm down and let’s take this one step at a time. You do not need an attorney to handle this. (Yes, an attorney can do it but one is NOT necessary.) The “summons” is a notification from the court that the lender has filed legal action against you because you are defaulted on the loan. How much time you have to respond will be determined by your local state foreclosure laws and the terms of your mortgage note or deed of trust. Take a few minutes to check your state statues to be sure you respond within required timeframe or you lose any rights you would have had.

Second, you need to provide an “answer”. An answer will notify all interested parties that you do not plan to lose your home to foreclosure.

An answer will give you time—a valuable commodity--
  • time to verify that the plaintiff is the ‘real party of interest’ (if not, this is GREAT news for you)
  • time to get your disability claim finalized and start to receive payments
  • time to work out a modification, short sale or other option
  • time to complete a reverse mortgage and get current
  • time to get back to work and resume payments
It is important that you provide an answer to all interested parties: the party who sent the summons/notice (usually the clerk of the courts), the attorney representing the plaintiff as well as the lender themselves. I suggest all copies be sent with return receipt requested and that they require a signature. It is crucial that you keep this information so you can prove (if need be) that you provided the answer within the legal time frame.

An “answer” can be crucial to buying you the time necessary to save your home. However, there is little point in using this option if you have already determined that you simply cannot afford the home.

Do some research on-line or go for it. I am confident you can do it.

Copyright © 2009, Home Ownership Matters, LLC. All rights Reserved. "Answer Book in a Foreclosure Climate" by Mildred Wilkins, available in 2009 from www.DovePublishingHouse.com.

(Please e-mail Heather at homeownershipmatters@gmail.com with any questions, comments, or concerns you might have. We appreciate all feedback, comments, and especially your questions. Don't be shy!)

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