Help! Served foreclosure summons while waiting for modification!

[DownNotOut]

We finally received our package for our trial modification. I had it sitting in front of me all ready to send out when we were served with a foreclosure summons! Now, I'm not sure what to do. The paperwork included with our package says that....

"As long as you comply with the terms of the Trial Period Plan, we will not start foreclosure proceedings or conduct a foreclosure sale if proceedings have started."

We were served on Saturday, so I am going to call them today, but I'm not sure they'll have an answer for me. I am wondering if we should go ahead and answer the summons or ignore it. I am very confused and pretty upset that they didn't even wait for us to get our package back to them. But, I guess they can do what they want, they are the real owners of the house.

If I do answer the summons, how do I go about it?

[AngelinaCatHub]

You best answer the summons. In your answer tell the Judge just what you stated here. Also they said; "As long as you comply with the terms of the Trial Period Plan, we will not start foreclosure proceedings or conduct a foreclosure sale if proceedings have started."

So they gave you a trap door. Mail the stuff and inquire as they may just cancel the suit. 'Hub

[awayalways]

Actually at this point, you are the real owner of the house - not the lender. If you want to hang onto it for awhile longer, be sure to answer the summons defensively. The plaintiff will have to answer in circuit court and here in Florida that can sometimes take a long time. I'm have been in pre-foreclosure for 34 months so far.

[DownNotOut]

Actually at this point, you are the real owner of the house - not the lender. If you want to hang onto it for awhile longer, be sure to answer the summons defensively. The plaintiff will have to answer in circuit court and here in Florida that can sometimes take a long time. I'm have been in pre-foreclosure for 34 months so far.

This is good news! We were going to fight to keep this house, but once they served us with the summons, my husband was fighting mad! So, here's what we're planning to do....

We still have a little equity in the house - could be as much as $40,000 - $50,000. We have decided to participate in the trial modification and at the same time, put the house on the market. Best case scenario - we sell the house while we're in the modification, have a little money in our pocket and start our lives over where we really want to be, which is North Carolina. Worst case scenario - we don't sell the house, they deny us a permanent modification and continue with the foreclosure. So we lose the house and have no money. BUT, with what you said, if we have that long to wait, we could stay in our house for free and save they money we need to move. So, to me, this is great news.

Thank you!

[AngelinaCatHub]

Yes but, you missed the point. Answer the summons or complaint or in theory, they could have you out in 30 to 60. Read back. 'Hub

[DownNotOut]

You best answer the summons. In your answer tell the Judge just what you stated here. Also they said; "As long as you comply with the terms of the Trial Period Plan, we will not start foreclosure proceedings or conduct a foreclosure sale if proceedings have started."

So they gave you a trap door. Mail the stuff and inquire as they may just cancel the suit. 'Hub

Thanks, 'Hub. I spoke to them today and they said as soon as they get our paperwork they will "postpone" the foreclosure, but I'm not so sure I trust them. I really don't think one hand knows what the other is doing. So, we'll answer the summons anyway.

ETA:

Yes but, you missed the point. Answer the summons or complaint or in theory, they could have you out in 30 to 60. Read back. 'Hub

Just saw this right after I posted! Don't worry 'Hub, we WILL answer the summons. I've dealt with these people for too long now to even begin to think they have a brain, or a soul.

[AngelinaCatHub]

Thanks, 'Hub. I spoke to them today and they said as soon as they get our paperwork they will "postpone" the foreclosure, but I'm not so sure I trust them. I really don't think one hand knows what the other is doing. So, we'll answer the summons anyway.

ETA:



Just saw this right after I posted! Don't worry 'Hub, we WILL answer the summons. I've dealt with these people for too long now to even begin to think they have a brain, or a soul.

OK. 'Hub