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A summons for a foreclosure is a lawsuit by the plaintiff/lender against the defendant/borrower. All civil suits are basically the same and therefore the process of filing an answer or "first pleading" by the defendant is the same. Read the summons very carefully and then respond to each paragraph either as being in agreement or disputing the claim for whatever valid reason you may have. For example, if you have made all the payments in the prescribed manner of the mortgage contract and the plaintiff is claiming a default due to non payment, you dispute that charge on the grounds that you have proof of payment. DO NOT, make a claim that is not true and/or cannot be substantiated. File a copy of your response within the required time limit with the clerk of the court and the plaintiff's legal counsel by means of a certified letter with receipt requested. In some states it is also necessary to file an answer of appearance with the court issuing the summons. You can go to SummonsReply.com to get help if you are trying to write an answer on your own. The site will provide you with a template and an example of an answer to a summons written by a certified lawyer, which will guide you to write your own answer in order to stall foreclosure.
What else can I help you with?
Do you have to declare bankruptcy if you default on your mortgage?
No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.
Who would you file paperwork with to file for a foreclose?
I got the impression that the mortgage company does the filing of the foreclosure in California and then takes the property and you just allow this to happen if you can't pay up. I don't think you have to file for a foreclosure.
Can a mortgage borrower apply for court foreclosure?
No. A borrower cannot "apply" for foreclosure. A bank commences a foreclosure when the borrower defaults on their mortgage payments.No. A borrower cannot "apply" for foreclosure. A bank commences a foreclosure when the borrower defaults on their mortgage payments.No. A borrower cannot "apply" for foreclosure. A bank commences a foreclosure when the borrower defaults on their mortgage payments.No. A borrower cannot "apply" for foreclosure. A bank commences a foreclosure when the borrower defaults on their mortgage payments.
Who owns the house when a foreclosure has been dismissed without prejudice?
The person named in the current deed owns the house but the property is subject to the mortgage. The bank may be able to clear their title problems that led to the foreclosure being dismissed and file the foreclosure at a later date if it remains in default.The person named in the current deed owns the house but the property is subject to the mortgage. The bank may be able to clear their title problems that led to the foreclosure being dismissed and file the foreclosure at a later date if it remains in default.The person named in the current deed owns the house but the property is subject to the mortgage. The bank may be able to clear their title problems that led to the foreclosure being dismissed and file the foreclosure at a later date if it remains in default.The person named in the current deed owns the house but the property is subject to the mortgage. The bank may be able to clear their title problems that led to the foreclosure being dismissed and file the foreclosure at a later date if it remains in default.
How do you respond to court for foreclosure summons?
You need to engage a lawyer if you wish to fight this or find a better deal. You will need to appear when the summons is asking you to unless your lawyer negotiates something different. You could also attempt to do this yourself.
What is the meaning of mortgage foreclosure?
Mortgage foreclosure is a process by which a person, who has a mortgage on land, legally sells that same land. A mortgage can be defined as a property loan.
Can you file bankruptcy to stop a foreclosure if your name is not on the mortgage?
No, sorry, that wouldn't help a bit, and just damage your credit score.
What happens after a foreclosure?
Foreclosure is the legal process whereby a mortgage company takes your home back from you and sells it to recoup the money they loaned to you. if you intend not to foreclose it better file bankruptcy from the experts
Can a second mortgage put your home in foreclosure?
Yes, any unpaid mortgage can put your home in jeopardy of foreclosure.
Can a mortgage company report a foreclosure?
Yes. A foreclosure can be reported by the entity that foreclosed, by the servicing agent for the entity that owned the mortgage when it was foreclosed or by a mortgage company if it held the mortgage when it was foreclosed.
If the first mortgage holder is being paid can a 2nd mortgage holder attach the bank account of an individual living on a modest SS and retirement or file foreclosure on the home?
Yes to both.
What can a lender do when the second mortgage is not paid in full due to foreclosure?
Assuming that the FIRST mortgage was foreclosed, a foreclosure wipes out any mortgages that were recorded after the foreclosed mortgage.
