Lis Pendens

[megfire]

We just received a Lis Pendens on our foreclosure,

On July 3rd.....Which just happens to be my birthday....nice present!!!

20 days to reply. to a local attorney (SW Fl.) or Judge scheduled for a hearing.

Can we request a delay and HOW

Two different people from B of A told us we were in review for modification and would be getting a package for further documentation required from us.

And until 2 weeks ago I thought I had a forebearance agreement with Countrywide.

We are also currently in the process with NACA.

Any input would be greatly appreciated

[Enough Already]

You can hire a local real estate attorney to respond and delay it. You have to do it quickly though.

[megfire]

Enough Already,

Thanks for the reply, I was beginning to wonder if all the reads with out reply were real. I drafted a letter to the Judge and I am required to copy the attorney on my response. I would like to save the attorney money if I could, since I am sure BofA will be hitting me for plenty
Anyway as an update on my story, I just rcvd a trial mod from BofA, the same legal mumbo jumbo I have read in another thread. But it reduces my payment during the 3 month period by about 200.00. No mention of what the rate would be for a permanent mod. I will try and scan it and post it because I don't think I can type all the where as and there fores in contains......written in true attorney english.....almost makes me feel my mother tongue is a second language.

Return date for mod is 8/9/09. Summons for foreclosure is 7/23/09. it almost seems that they have this thing worked out to a science of how to kick you when your down......The kicker is I can make my payments since I found work but not the attorney foreclosure fees and certainly not the summons fees. First they grab me for late fees the foreclosure fees then attorney fees......Oh I forgot to add my portion of the tax dollars that went to their bailout from all the bad product they put on the street to start with.
My note is 6.375 fixed 30 fanniemae....wouldnot have been a problem until they stopped loaning money which trickled down to my industry...caused me to lay off 3 people and eventually close the doors and go to work for some one else for 75% of what I was making.....at least I was able to find a job.
I guess I will decide tomorrow if I will pay an attorney or just try and write a letter to judge, unless I get other input. I am going for a free consult tomorrow. Once it hit foreclosure the attorney letters come rolling in, a large percentage of them are from attorneys selling bankruptcy services.

Sorry for the rant but thanks for the reply

[Marshall Rosenbach Esq.]

So you were served with the Summons and Foreclosure complaint on July 3? You will have 20 days from that date to respond. This usually requires an Answer to be filed. If you want additional time, contact the lawyer for the bank and tell them you need additional time. Also, if you are going to accept their forebearance plan, you should tell their lawyer that! Because if you have a forebearance plan, they should not keep proceeding with the foreclosure! Also, have you looked into getting a modification under the Attorney General settlement with Countrywide?