Summons Complaint Submited, How To Deal?
On the foreclosure complaint summons it says I have 28 days to answer the summons. How do I answer the summons and what should I say? Should I state that I believe the loan was made on an appraisal that was way to high. Or on the fact I had an injury that kept me from working and I am still unable to catch up on mortgage.
I hope I can save my home, but I need more time.
Thank you for your time and help.
Russ
Adding to what John said, I would stress talking to your lender. Many times they can work something out to buy you time, or add your defaulted amount to the back-end of your loan, or whatever. But TALK to them, and let them know what’s going on.
Short of asserting that there was fraud of some kind when the loan was made or that the bank has misapplied your payments, your only real defense to a default is to pay the amount due. As a practical matter, however, ANY type of response would prevent the lender from obtaining a default judgment against you. In other words, filing some sort of response, even though it will have no substantive legal effect, will slow down the process and buy you some more time to figure things out.
You do have options. You can try and work out a repayment plan with the lender, try to borrow money from a friend, family member, neighbor, etc to get caught up; you can sell the house before its foreclosed, and of course, you can file for bankruptcy protection. Time is not on your side, however, so you need to get moving.