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Do I need to reply to a summons if I've been served a complaint for foreclosure and a notice of Lis Pendens in FL?
Anonymous1 views3 answers
State: FL
I was just served a complaint for foreclosure and a notice of Lis Pendens on 9.23.2010 in Seminole county FL. I'm not interested in 'defending' per say, but I do want more time to work out a short sale/deed in lieu with the bank. We have stopped paying due to wage cuts because we simply can't afford the payments. Should I even respond to the summons? Everyone else I've talked to in the same position, just let it go and didn't respond. However, I see all the posts saying, 'get a lawyer'. I am not trying to defend the fact we can't pay but I don't want the courts to think we don't care because we don't respond. BOA is not willing to modify so we have no interest in keeping the property. Suggestions?
If you don't respond, then they will enter a deficiency judgment against you. If you don't care either way, then you don't need to respond.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
If you do not respond you will get a default judgment against you, be evicted from the property and possibly have a judgment against you for the difference between the amount owed on the property and the amount for which it sold.
You will also have a judgement of foreclosure on your credit file and will not be able to do a short sale.
In short, hire an attorney to delay the process and help with the short sale.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
By failing to file an answer you are essentially allowing the Plaintiff's counsel to move at a more rapid speed since there is no defense being presented. I understand money is tight but the long term benefit of hiring an attorney could be to your advantage. An attorney can review your case to determine in you have any defenses to the foreclosure action. An attorney can give you the time to complete the short sale process. The inpact of a short sale versus a foreclosure on your credit rating is the difference between being to buy a new house in 24 to 36 months verses 72 months.
I would advise you to seek legal counsel that specialize in foreclosure defense as they can assist. Then get with a qualified real estate agent who has successfully done short sales without any additional obligations to the bank after the property is sold.
Good luck
