Home Loans and Support

My foreclosure summons response letter-- Any comments?

Discussion in 'Stop Foreclosure and Tell Us Your Story' started by laldana, Jan 24, 2010.

  1. laldana

    laldana Guest

    January 24, 2010
    Re: Case #xxxxxxxxxxx
    To the Honorable Theresa Baca, Second Judicial District Court of the State of New Mexico

    I would duly submit this written response to the aforementioned case number as ordered in the attached copy of the summons. I am currently working with a Bank of America negotiator (Meagen McPherson) to try to obtain a loan modification. I was assigned Ms. McPherson as a negotiator after contacting Barbara Desoer at the Office of the President of BOA. If this effort fails, I will then try to obtain a forbearance from the bank on moneys owed and establish a repayment plan. In order to do any of these things, however, I will require more time as well as the cooperation of the bank.

    I would also like to point out errors in the complaint:

    a. Paragraph 5 alleges that I have a loan modification agreement. If your Honor would refer to the attached timeline, you would see that this may or may not be true, depending on whom one speaks with at the Bank of America. In the words of my negotiator in her most recent communication to me, “ I do not show a denial or an approval yet for your loan modification.”

    a. The same paragraph alleges a modification payment of $792.81. This sum was my pre-modification payment. The “modification” payment I was instructed to make by the Bank of America’s Hope Team was in fact $893.61.

    I would like to add that I have made every effort to resolve this impasse with the Bank of America. In truth, it is the bank that has not been forthcoming. I have been trying to obtain a loan modification since December 2008, and I am still no further along than when I began. In my dealings with them, I have found them uncooperative, unresponsive and often incompetent. I am not in a position to delve into the motives of the numerous bank employees that I have spoken with, yet I cannot help but suspect that they are engaged in a deliberate attempt at obfuscation and equivocation. Enclosed is a timeline detailing my exchanges with various employees at the Bank of America. The experience has truly been Kafkaesque, and it has taken a toll on my mental and physical health. I understand that the banks have been inundated with applications for loan modifications, but as a customer, I believe I have the right to timely, accurate and unambiguous information on which to base my decisions. Sadly, this has not been my experience, which, incidentally, is far from unique. Corroboration of this treatment by the banks can be found on the Internet, where thousands of homeowners have documented similar frustrations with the Making Home Affordable Program.

    I value my home above all else, and would like nothing more than to reach a reasonable agreement with the Bank of America to resolve this situation. I can afford this home, and I am willing to compromise. I only ask for the opportunity to come to a good faith agreement with the bank and resume payments on my home. Toward that end, I have purchased home and flood insurance. I would be amenable to having my mortgage payments automatically withdrawn from my bank every other Friday (payday) if this would satisfy the bank.

    At this time I would like to request more time to continue working with my negotiator to secure a mutually beneficial outcome. I thank you for your help in this matter.


    Respectfully,

    xxxxx
  2. davephx

    davephx LoanSafe Member

    The letter is great but if you actually got a Summons and Complaint it is probably not a proper answer which as to address point by point each item in the complaint.

    However if a nice sympathtic judge sees it who knows. Each jurisdiction has different rules and attitudes. The answer is just a legal response point by point vs your letter which is more I would think for mediation or a settlement conference often ordered by the Court but again depends on local procedures.

    See my example of a response although its a credit card situation but should give you idea at
    http://www.loansafe.org/forum/wells...5-served-attorney-wells-fargo.html#post188877

    On the other hand... the good letter might work.. but its technically not a "responsive" answer to a formal Summons and Complaint that requires under most if not all jurisdictions a proper formal legalize answer. Which makes attorney's wealthy since few of us know how to respond formally.

    You at least have Court access and supervision unlike those of us in non-judicial foreclouse states which have no Court access.
  3. laldana

    laldana Guest

    Thanks, Dave. I considered writing a formal response, but since there are basically only two points I disagree with, I decided such a letter would not showcase my case very well. Also, I wrote a similar "homemade" letter when I was sued by the cc companies, and it got me into mediation. This is a different judge, but hopefully she'll understand we don't all have $$$ for lawyers. Anyway, they want a response, and this is A response. What's the worst that can happen?
  4. davephx

    davephx LoanSafe Member

    GOOD that is hopeful !
  5. laldana

    laldana Guest

    Tweaked the response here and there for cosmetic purposes & filed it with the county clerk this morning. Anybody know what happens next?
  6. statedprograms

    statedprograms LoanSafe Member

    This is interesting. I wasn't aware that a letter to the court could help....always thought it had to be an official motion/etc. legal form.
    I will be really looking forward to your results from this and hope they are good!
  7. Nick Duncan

    Nick Duncan LoanSafe Member

    The response can definitely aid in the process if you are trying to negotiate a loan modification or a short sale on the property. If no response is filed, the lender can choose to accelerate the foreclosure process. This should by you the time to hopefully get the outcome you desire.:)

    <meta http-equiv="Content-Type" content="text/html; charset=utf-8"><meta name="ProgId" content="Word.Document"><meta name="Generator" content="Microsoft Word 11"><meta name="Originator" content="Microsoft Word 11"><link rel="File-List" href="file:///C:%5CDOCUME%7E1%5CNICKDU%7E1%5CLOCALS%7E1%5CTemp%5Cmsohtml1%5C01%5Cclip_filelist.xml"><!--[if gte mso 9]><xml> <w:WordDocument> <w:View>Normal</w:View> <w:Zoom>0</w:Zoom> <w:punctuationKerning/> <w:ValidateAgainstSchemas/> <w:SaveIfXMLInvalid>false</w:SaveIfXMLInvalid> <w:IgnoreMixedContent>false</w:IgnoreMixedContent> <w:AlwaysShowPlaceholderText>false</w:AlwaysShowPlaceholderText> <w:Compatibility> <w:BreakWrappedTables/> <w:SnapToGridInCell/> <w:WrapTextWithPunct/> <w:UseAsianBreakRules/> <w:DontGrowAutofit/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--><!--[if gte mso 9]><xml> <w:LatentStyles DefLockedState="false" LatentStyleCount="156"> </w:LatentStyles> </xml><![endif]--><style> <!-- /* Font Definitions */ @font-face {font-family:"Bookman Old Style"; panose-1:2 5 6 4 5 5 5 2 2 4; mso-font-charset:0; mso-generic-font-family:roman; mso-font-pitch:variable; mso-font-signature:647 0 0 0 159 0;} /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-parent:""; margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:"Times New Roman"; mso-fareast-font-family:"Times New Roman";} span.EmailStyle15 {mso-style-type:personal; mso-style-noshow:yes; mso-ansi-font-size:10.0pt; mso-bidi-font-size:10.0pt; font-family:Arial; mso-ascii-font-family:Arial; mso-hansi-font-family:Arial; mso-bidi-font-family:Arial; color:windowtext;} @page Section1 {size:8.5in 11.0in; margin:1.0in 1.25in 1.0in 1.25in; mso-header-margin:.5in; mso-footer-margin:.5in; mso-paper-source:0;} div.Section1 {page:Section1;} --> </style><!--[if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} </style> <![endif]-->[FONT=&quot]Nick Duncan
    Sr. Advocate
    You Walk Away, LLC
    858-427-3643 Phone[/FONT]

    http://www.strategicdefaulthelp.com
  8. laldana

    laldana Guest

    Thanks for the encouragement! I live in New Mexico, a place, I believe, where a person still matters. I'm hoping the judge will actually prefer a letter to a legal form. Good omen: when I got home from court, I found a card in my mailbox from the Bar Association of NM saying that they could offer free or low-cost legal help in foreclosure cases. Of course I will call them tomorrow! I'll keep everyone posted on this thread. Thanks again for the good wishes and best wishes to you.
  9. Garry

    Garry LoanSafe Member

    Another place you may be able to get help is United Way, the number is 211, yep 211, just like dialing 911
  10. laldana

    laldana Guest

    OK, live and learn...

    I didn't qualify for the free/cheap lawyer (make too much money! Oh boy!), but I managed to get another free consultation. Turns out you guys were right about the legal response. So this very nice lawyer dictated the correct response over the phone while I typed furiously on the other end. Thought I would post the response (actually an amended response since she (the lawyer) thought my first should stay on file) to save other members the bother. The formatting probably won't come out right, but here 'tis:

    STATE OF [YOUR STATE]
    COUNTY OF [YOUR COUNTY]
    [YOUR] JUDICIAL DISTRICT

    NO. [YOUR CASE NUMBER]

    [YOUR SERVICER],

    Plaintiff,

    V.

    [YOUR NAME]

    Defendant.

    AMENDED RESPONSE TO COMPLAINT FOR FORECLOSURE

    Defendant [Your name] responds to the complaint as follows:

    1. The defendant incorporates by reference the response filed on [Date filed].

    2. The defendant is without sufficient information to either admit or deny the

    allegations in the complaint and therefore denies all allegations and demands strict

    proof thereof.

    Dated: [The date]

    Respectfully Submitted,

    By: __(Your signature)____________


    [Your name]
    [Your address]
    [Your city, state, zip]
    [Your phone number]
  11. laldana

    laldana Guest

    Well, the closing (from "respectfully" to the end) should be on the RIGHT side of the page, but otherwise it looks pretty good.

    The lawyer thought it would buy me about a year... Plenty of time to file a chp. 13, she said. She also reiterated what so many have said on this forum... If you are absolutely bent on keeping your home at all costs, like I am, SAVE EVERY CENT if you are behind because at some point down the line, you are going to be asked to cough up a big chunk of change (gross image--- I apologize.)

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