I received a summons that said I was being sued by mortgage company, it was dropped off at door while no one was home. There were no dates as to court date or sherriff sale date. Was this just from mortgage company atty? Will i get something from state as well, I am also in chapter 13 bk in which I started to keep house but decided to give back since I cant afford anymore because of reduced income. My bk atty did a modification to surrender house.
-
-
The foreclosure process greatly depends on the state you live in. Usually you will have 20 to 30 days to respond to the summons. If you don't respond you will receive a summary judgement against you and your foreclosure is a fact of law. Now this again depends upon your state. Some state have non-judicial foreclosure and get your house pretty quick. In many states after you receive a summary judgement you then have anywhere from 30 to 90 days before a sale date is set. -
This may all be true, but in reality, you were not served. In any state, you must be served either, in person, put into your pocket, given to anyone living in your household over 18, at your employment, to your spouse.Originally posted by jlmaca View Post
Putting it on a windshield wiper does not get it, nor thrown on your porch. Now if you do answer this, you then acknowledge service. If you do not, and get a Judgment, you can demand proof of service. All would be under oath by both parties and the process server. Who did this so called service. Oh, and BTW no service can be held on a Sunday.
Federal service is different in that they must serve the defendant and no surrogate. It can be put into your hand or pocket, but not thrown on the ground, or given to another person.
You legally, have not been served. 'HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.Comment
Comment