Post BK - do I need to answer a "You are in Default" notice about my Foreclosure??

[housepoor10]

I agree with shark66, you need to ck with the court ASAP. Make sure you list the case # to them, and be sure you get a complete answer from them on what you need to do to protect yourself. Remember they need to know of the BK discharge, as those courts are separate from one another, and do not exchange information.

I understand the original summons gave you 20 days to answer, then you filed bk, then they filed motion for relief from stay, which gives them right to proceed with FC filing once again. I think you will get an answer from the court, one way or the other. I would be confused too, with all the different mailings you have been receiving.

I do have a question for you though. You said in a much earlier post somewhere that you were able to locate online the place where the civil cases are documented. Do you see yours, and if so, is the activity on it current? That also should be an indicator to you. In my instance, I was able to see that they filed, able to see what date the certified was sent, and most importantly able to see what date they set up for the process server to come.....so I got a ballpark then as to when I would be served, and was on the lookout. Then almost instantly the day I went down and filed pro se, I got home and checked the computer, and that afternoon it showed defendant filed pro se.......nothing noted since.

[KevFinnerty]

Thanks for your replies.

I spoke with someone in the court - this is how I understand it as of now.

The original foreclosure summons/complaint/whatever/etc is STILL in effect. The bank doesn't have to refile that (or whatever the term for that is), and I won't be sent another notification/summons on that.

This current letter is the bank giving me 10 days to answer THAT ORIGINAL COMPLAINT/SUMMONS that they already filed, WHICH I DID NOT ANSWER last year.

To answer this now, I supposedly have to "answer" the original mortgage complaint that I was "served", which has several numbered points in it (none of which I can actually "answer" though). My reply has to be in the same format of that letter (has a very specific business letter type of format). It is possible that I could make some kind of point of my own that I am in bankruptcy and debts have been discharged etc but I don't really have a useful response at this point (need to think on this more; the legalese wording and formatting that I think would be necessary may be beyond me).

My response has to be sent (or taken in person) to the proper court office that I spoke to today. They then "file" it with the court and give (or send) me a copy, which I would then be responsible for copying and mailing to the bank's law firm. They then can "respond" to that and back and forth it would go...

The court aide person mentioned something else that I don't actually understand that I need to investigate more, and that was that the original complaint has a final page called a "verification" with a lot of legalese on it and I would need to have that as it applies to me as the final page of my response as well.


As far as housepoor's question about the on-line lookup stuff on my foreclosure case, YES I can look that stuff up. I've noticed that it seems to take about 2 weeks before the info on the website gets updated though. The previous communication I got from the bank lawyers was some kind of "praceipe for voluntary substitution" where they were adding other lawyers (I guess) to my case. I received that in the mail about 2 months ago then checking the website I found that that did showup there but it took about 2-3 weeks until it did. Note that I can see the filings and their titles but I can't actually see the documents (there is a charge for that). This latest thing (this 10 day notice letter) is not on there yet, not as of today anyway.

I am not sure what I am going to do. My BK atty's office basically said it doesn't matter what I do and I shouldn't bother. It seems to me that my answering would delay foreclosure some unknown amount of time, but perhaps more importantly it would make sure that the court understands that the house is part of my bk case and if there is something that needs to be considered about that then "they" would be aware of it in order to make their decision of what to give the bank in their "judgment". But maybe it doesn't matter. I don't know. I'm having a hard time dealing with all this as it is.

[housepoor10]

Kevin,

Do not be concerned not knowing the exact legalese to use in your pro se answer. You want to answer to CYA, you know? Also I think if you do you will feel better about it. You do not need to get fancy at all. In fact when I called the FC court the clerk told me that some people have actually answered there summons on a napkin. Yes~ so, do not feel intimidated at all.

Just be sure to mail a certified copy to each mentioned plaintiff, and take 2 to the court to file.

Open it with the same type of set up that your summons had for example: In the Court of Common Pleas, etc, Case #, Summons #, Judges name, etc.

Then you can put NOTICE CONCERNING PRO SE STATUS
Defendant is unable to afford an attorney, and unable to obtain the
representation of an attorney at this time. Defendent is not licensed to practice
law and is not knowledgeable in the legal defense of foreclosures.

As for each numbered point of theirs, you can agree or deny, or you can do this: GENERAL DENIAL

Defendant, must deny in part for lack of knowledge each and every allegation
contained in the Plaintiff's complaint.

Then DEFENSES

Then make your #1 point the fact that your home was included in the bk, Plaintiff failed to acknowledge this fact, and is now discharged, bk case #, and make a copy and label it Exhibit A.
If you have any other defenses you care to list, you can do that as well, or just leave it at that if all you wish to do is to let them know about the BK discharge, and want to be included in notices of any hearings, etc.

Then sign it, date it, and put your address and phone number at the bottom.

Just a rough idea, but I hope it helps you out. Good luck, let us know how it goes for you. Have a good evening.

[helpmeout]

You also need to certify that you served a copy to the other party (certified mail is acceptable) and that there are no other pending issues with the house. At least, that is what I had to do when I filed my answer.

[KevFinnerty]

Kevin,

Do not be concerned not knowing the exact legalese to use in your pro se answer. You want to answer to CYA, you know? Also I think if you do you will feel better about it. You do not need to get fancy at all. In fact when I called the FC court the clerk told me that some people have actually answered there summons on a napkin. Yes~ so, do not feel intimidated at all.

Just be sure to mail a certified copy to each mentioned plaintiff, and take 2 to the court to file.

Open it with the same type of set up that your summons had for example: In the Court of Common Pleas, etc, Case #, Summons #, Judges name, etc.

Then you can put NOTICE CONCERNING PRO SE STATUS
Defendant is unable to afford an attorney, and unable to obtain the
representation of an attorney at this time. Defendent is not licensed to practice
law and is not knowledgeable in the legal defense of foreclosures.

As for each numbered point of theirs, you can agree or deny, or you can do this: GENERAL DENIAL

Defendant, must deny in part for lack of knowledge each and every allegation
contained in the Plaintiff's complaint.

Then DEFENSES

Then make your #1 point the fact that your home was included in the bk, Plaintiff failed to acknowledge this fact, and is now discharged, bk case #, and make a copy and label it Exhibit A.
If you have any other defenses you care to list, you can do that as well, or just leave it at that if all you wish to do is to let them know about the BK discharge, and want to be included in notices of any hearings, etc.

Then sign it, date it, and put your address and phone number at the bottom.

Just a rough idea, but I hope it helps you out. Good luck, let us know how it goes for you. Have a good evening.

Thanks a lot for all that info. Some of it I understand, but some I do not. Even something as simple as where I mail the thing back makes no sense to me - the original "summons" thing has 20 lawyer names and their lawfirm address, then has 5 or 6 bank names and one address - and that stuff then has even changed with two "praecipe" things over the last 9 months.

I am going to think on it more tonight. Trying even googling around to see examples of this stuff....my head is spinning...my own atty's office doesn't want anything to do with this, feels it is not even important (but they would I guess, since they are only representing me in my BK case, and I cannot give them any more money to represent me in foreclosure issues).

I may try calling the Bar Association listed in the recent notice as a source of possible help. Maybe they can help me respond to this. I'm afraid they will just refer me to the "legal aid" people that I was originally referred to last year though, who turned down my request for help at that time (long story).


Something else that occurs to me is that my replying to this would slow things down, and maybe what I need is the opposite. Let them get their "judgment" asap, schedule the sheriff sale, and kick me out of here. I'm really struggling to survive right now, might be better off if I was forced to move on and close this horrible chapter of my life. I'm just kidding myself trying to hang on in this house any longer, things are going really badly here, being jobless and broke is getting to me.

[housepoor10]

One thing, since you are having a difficult time, I would make the answer simple, explain the BK discharge not being acknowledged, copy of the bk papers. You would need to certify mail it to any Plaintiff that is listed with an address to send to. That is their obligation to provide it, so whatever is on the summons, and the pracipe thing, use those names and addresses. If you were not provided with any, not your fault.

Most important, if the bank approches you to do a short sale, or deed in lieu, I would not. The SS will only help a realtor, not you, and will delay the thing even further, at least 90 days. Same with deed in lieu, because in order for the bank to even consider that, they ask you to try SS first.

Now, as for your cash for keys, which I know you could use, here is a bit of info to consider. This would be if you decide to stay until the sheriffs sale is done. Do not worry about being kicked out before, as they must follow judicial process. Once the sale is complete, you should receive within the first few days, to a week or so out, a notice from a realtor re a cash for keys offer. It will say for example if you can be moved out and leave the condo broom clean, (not spic n span) just swept, 30 days $2000, 60 days, $1000, and so on. It is your option, if you do not like the offer, to negotiate another one. There should be a number to call on the cash for keys offer, just let them know that you want xxx to be out by xxx, and want to meet the realtor at your house on xxx day, to have them do a walk thru and give you the check. No mailing.....you may not see it. If they try to say no cash for keys, you can tell them that you are not able to move without something to go on, and they should talk to the bank for you. You can negotiate it, the realtor also gets a cut, so they will try to say, well I do not think the bank will go for this offer, you just tell the realtor if they do not, then no go. I have seen some people on loansafe.org, that have gotten some pretty good cash for keys deals after being told there are none. They sometimes even threaten eviction, but the bank knows in order to actually evict, not only does it take a long time, it is more costly than any cash for keys deal they can offer. Remember the realtor is in it for themselves, not you. Good luck, stay in touch!

[housepoor10]

One more question, have you asked the BK atty, where your home equity stands, with the trustee and all? Or is it a mute point now, because so much time has passed? It is my understanding, within the first 6 months of a BK discharge, if you happen to win the lotto, inherit from grandma, etc, you need to let the trustee know. After the 6 mos is up, its all over!!! AND, this is only my understanding.......could be different in many states.

[KevFinnerty]

One more question, have you asked the BK atty, where your home equity stands, with the trustee and all?

I've asked multiple times. They just say things like "we haven't heard from him", "we'll let you know when we hear from him", "I guess he's dropped the ball", "You don't want to be kicking that hornet's nest let him get back to us when/if he gets back to us in his own time", etc.

Or is it a mute point now, because so much time has passed?

I don't know.


Thanks again for all your comments. I really appreciate your time and trying to help.

[KevFinnerty]

As an update..

- The bank got their "judgment", even tacked on interest.

- Coincidentally (and there is no such thing), a few days later the trustee filed a "status report" (the first update in my bk case since I was discharged 6 months ago), which basically said that after evaluating my property he feels that there is not enough equity in it after my homestead exemption/closing costs/etc to distribute anything to the creditors. Sigh. And that he plans to change my status to "no asset".


So now I am off to the foreclosure forum (I guess) to try to learn more about that process. One of my concerns with foreclosure is what is going to happen to the equity in my house, how all that works in relation to a sheriff's sale, what responsibility if any does the bank have to get a realistic price for it and what happens if they do get more than they are entitled to pay off my mortgage (or also what happens if they get less).