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We were served today.. couple questions please! BOA- Wisconsin

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    We were served today.. couple questions please! BOA- Wisconsin

    At 8:30 this beautiful Sat. morning, we were served. Knew it was coming and he was very nice so whatever.

    We have 20 days to reply.. or what? They set a court date or just find against us?
    What would we respond with.. do we even have to show up if were letting house go?

    Now,, it says we have a 6 month redemption period.. so I'm assuming we can live hear another 6 months correct?
    After that 6 months, is that when they set the sheriff sale and then how long do you have to get out??


    Thank you thank you!!
    Filing cpt.7 11/09 341- 1/21/10
    Report of no distribution 1/21/10
    Scheduled for discharge 3/22/10 (on my 15th wedding anniversary!)

    #2
    Originally posted by eventsdj View Post
    At 8:30 this beautiful Sat. morning, we were served. Knew it was coming and he was very nice so whatever.

    We have 20 days to reply.. or what? They set a court date or just find against us?
    What would we respond with.. do we even have to show up if were letting house go?

    Now,, it says we have a 6 month redemption period.. so I'm assuming we can live hear another 6 months correct?
    After that 6 months, is that when they set the sheriff sale and then how long do you have to get out??


    Thank you thank you!!
    No, it's a bit more complicated than that. First you got served a complaint or suit. This lists out what you did or didn't do. Yes respond in person as directed or they immediately will get a judgment against you. Answer the complaint and question the validity of the numbers and ask them to show original signatures. This may buy you more time. I see you are discharged. So what is this about? Did you reaffirm this house or are you/were you paying through? If you were discharged on March 22, this year as your sig suggests, they have no reason to sue you for any deficiency but to ask you to vacate and take a foreclosure. Yes you would safely have at least six months I am sure. Longer maybe when it goes into foreclosure and I believe BOA is in that process of not doing this in a timely way due to some trumped up inaccuracies, or whatever.

    So, without further explanation, what does the complaint say? 'Hub
    If 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.

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      #3
      Yes, discharged. Have not paid since discharge.

      We are being summoned by BAC home loans, but they are also listed as a defendant? There is NO court date listed on the documents, it says if withing 20 days of receiving the summons we must respond with a written answer to the complaint. The court may reject or disregard an awnser that does not follow the statutes.
      If we do not provide answer within 20 days, the court may grant a judgement against us for an award of money or other legal action requested in the complaint.

      How do they get a judgement against us when we were discharged?

      It states plantiff has elected to proceed with FC with a 6 month period of redemption, and the plaintiff elects to waive judgement for any deficiency which may remain due the plaintiff after the sale of the premises.

      Is the all the normal stuff??
      Thanks!
      Filing cpt.7 11/09 341- 1/21/10
      Report of no distribution 1/21/10
      Scheduled for discharge 3/22/10 (on my 15th wedding anniversary!)

      Comment

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