Delaying forclosure

[akramos]

I need to respond to the lis pendis from US Bank. They appartently now own my mortgage. In the lis pendis that state they can not find the mortgage note and there is no assignment of mortgage either from Lendsource (GMAC) to US Bank my current servicer is Homecomings. I was unemployed and I am trying to buy some time to try and get the lender to allow me to reinstate the loan. For one I am requesting that the Judge allow me more time to hire a lawyer, But how do I request that the suit be dismissed or delayed due to they no having the right to sue me till they get there act toghether. I understand that when a lis pendis is requested it must have all of the docs attached when request. Does anyone have the wording for a response to my lis pendis so, It will be given merit by the judge. I live in florida.

THanks for any help

[Moe Bedard]

Hello and thanks you for joining Loan Safe!

What you are asking for is very specific legal advice and we are not at liberty to provide that. But I can give you some legal facts that may help you. You definitely need a lawyer and here is a safe website where you can search for one. National Association of Consumer Advocates – Consumer Protection Advocates and Attorneys. You can also search for your local bar and possibly get pro bono help.

A "lis pendens" is a notice of pending legal action that is filed. It is a written notice that the lender has filed a lawsuit against you on your house and demands payment of your loan immediately.

At this point, you have 20 days to file an answer with the court.

This is why it is important to work with anb attorney. Your lawyer will then write them a letter either admitting, denying, or stating you don’t have the sufficient information to answer a section of the complaint. Many times your attorney will contact the lender’s attorney and communicate “We Deny the Complaint” . This may buy you some time.

My best advice is to check out that website for an attorney in your area.