Old 04-06-2009, 03:58 PM   #1 (permalink)
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How do I write a reply to a summons?

I was served with summons from my mortgage company on 3/21. I am working with them at this time to try to settle without going to court to foreclose. I am also working with NACA to save my home. What is the best and correct way to write a response to the summons? I want to make sure it's done correctly.

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Old 04-06-2009, 04:47 PM   #2 (permalink)
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Re: How do I write a reply to a summons?

Marion,

Thank you for your blog and for joining our forum. Unfortunately our attorney's can not give client specific advise ie... how to respond to your specific summons. You may want to contact a local attorney and have them review it for you. Let us know how it goes...
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Old 04-10-2009, 09:54 AM   #3 (permalink)
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Re: How do I write a reply to a summons?

Marion - as you know, you have 20 days to respond to a Summons. I would call the attorney listed on the complaint and summons, and ask if you can have an extension of time (10-30 days) to file a response. Tell the attorney you are working on modifying the loan and whether the attorney's office can assist you with that, or whether you have to go through the lender/servicer directly. Regarding filing an answer, you can go to the courthouse and pull a file of a foreclosure case and you can look at one someone else did. Or maybe online you can find a sample. In my opinion, if you have the capacity to pay for a lawyer, it makes sense as you don't know the rules and don't want to lose on a technicality. Good luck.
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