How to answer summons (20 days)

[shelly66]

I am not sure how to reply to the summons I recieved yesterday for foreclosure. I don't know if I should just be honest and tell them how I have been trying to work out something with the mortgage co. as my rate adjusted last March. I tried so hard to do everything but they came up with a different excuse everytime. They said there is no program that I qualify for, only if i could increase my income. Wow, that would've been great then I wouldn't be in this situation. I finally purchased my 1st home at 40 and now I am going to lose it. Hopefully I can save it with my chapter 13 but I can't file until July 14 so I have to stall the courts!

[AngelinaCatHub]

Tell the Judge just what you stated here. Tell the Judge you will do your best and do not wish to lose your place.

Understand, you certainly are not alone in this economy and the Courts are being flooded.

YOU MUST respond. Go there personally as it is probably a hearing. Otherwise put it into writing.

Those people do not want to own another house they must maintain and protect as well as insure. An empty house is a fire waiting to happen. You will be alright, just keep tabs here and with your lawyer if you have one. ‘Hub

[fltoo]

You do not have to respond to the summons.

FL foreclosures are so backed up, it can take up to a year to foreclose.
I stopped paying my mortgage in Sept. 07 and to date Countrywide still has not foreclosed.

Certainly, I would call the lender and tell them you are trying to save the house. You have plenty of time to initiate a plan, if you have one, to save the house. I would even tell them you are contemplating a chapter 13 if all mortgage modifictions programs fail to help you.

The key though is, do you have a plan to save the house? Move forward with that and don't worry about the summons or foreclosure at this early time.

If you find you cannot afford the house, then just walk away from it. I know that might be upsetting to you, but you need to do what you can to get a fresh start. You are young enough to be able to get another house some day.

I have owned over 30 houses in my life, all bought as a single mother of 3 kids, and sold for a profit, and if someone would have told
me I would foreclose and walk away from what is probably the last house I will ever own, I would have called the person crazy!

So be it, sheet happens. I am happy to have had the opportunity afforded by the FED to walk away from it. I am 58 and I most certainly plan to start all over, so you have plenty of time.

A house is only stuff.

[beachymama]

I responded with my situation and I sent a letter certified return receipt to the court and also to the attorney in Ft. Lauderdale.

I told them that I have been trying to modify the loan for over a year. That I had a hardship which meant a loss of income. I told them I have income now to afford to pay my mortgage now but they will not accept my payments.

I have heard NOTHING since I sent the letter. I am in a 30 day process of applying for a modification with the lender, but I don't know if they stop any foreclosure process.

They have already noted on my credit report that I have a foreclosure pending.

I will stay until they try to sell the home I guess.

[Ishmael]

I just received my "Notice of Les Pendens" yesterday. I will be hiring an attorney this week.

I'm also 40 (41, actually), and it's taken me a year to realize I'm in over my head. I'm a single guy, no kids, and I'm in a 3-bedroom/2-bath house that's got 2 mortgages and about 1/2 of it's value from the time I re-financed.

I plan on giving up the house, but the shame of it is killing me. Having to move back home with my parents at 40 just seems awful.

But, I know I need to do it so I can start over. Plus, maybe I can build my relationship with my father a bit. We've never been close, and this is either going to bring us together, or completely rip us apart.

I've got a post asking about the timeline in conjunction with filing my bankruptcy. Hopefully someone can fill me in about that, and help me plan my 'rebirth'.

Thanks.