NEED HELP ANSWERING A SUMMONS - ITS FOR MY HOUSE THAT THE BANK HAS FILED FORECLOSURE ON
WE RECIVED A SUMMONS AND THE AMOUNT THAT THE ATTORNEY IS ASKING FOR IS $20000 MORE THAN WHAT OUR LOAN WAS NOW MIND YOU WE MADE PAYMENTS ON THE LOAN THROUGH SEPTEMBER 2010 SO AMOUNT SHOULD BE LOWER THAN ORIGINAL 128000. BUT BOA IS WANTING 146000 FROM US
I CALLED A FORECLOSURE ATTORNEY - WE HAVE ALREADY MOVED OUT. HE SAID HE CHARGES $750.00 PER MONTH FOR 2 YEARS TO HANDLE - CANNOT AFFORD THAT
I CALLED LEGAL AIDE AND THEY CANNOT EVEN GET US IN FOR A CONSULTATION UNTIL AFTER THE SUMMONS DEADLINE (WHERE JUDGEMENT IS AUTOMATICALLY FOR BANK)
SO WE ARE GOING TO TRY AND DO THIS ON OUR OWN
CAN SOMEONE POINT ME IN THE DIRECTION OF WHERE I CAN SEE AN ANSWER TO A SUMMONS WHERE WE DISPUTE THE AMOUNT OF THE DEBT
ALSO ITS AN FHA LOAN AND NONE OF THE PAPERS THAT WERE FILED WITH THE COURTS SHOW THAT, SO CAN WE DISPUTE ANYTHING IN REGARDS TO THAT?
ANY HELP OR GUIDANCE IS APPRECIATED.
CANT ANSWER RIGHT AWAY HAVE TO GO GET YOUNGEST FROM SCHOOL AND THEN DROP OFF SOME THINGS TO MY AUNTS HOUSE THEN WILL BE ONLINE LATER TONIGHT IF I DONT PASS OUT FROM SHEER EXHAUSTION BEFORE THEN 1|1|Dawn ( Steve) says her husband is one mayne they can help|teener|teenerzacsneenee@yahoo.com|15:49:39|05/01/2012|
T 4|2|ROFL ... no attorney he is|pattyo|pattyolc@aol.com|04:55:00|05/02/2012|
all bullcrap
PLEASE INCLUDE USERNAME WHEN INQUIRING ABOUT FORMS IF I DON'T KNOW YOU..THANKS 2|1|What about this?|msallen|m-sallen@juno.com|21:39:16|05/01/2012|
Not sure if it is exactly what you need, but it also had some links which couls be helpful.
http://www.ehow.com/how_5861159_answer-foreclosure-suit.html 3|1|The best resource that I know of for foreclosure help is...|sunriver|sunriver@gmail.com|00:22:18|05/02/2012|
5|2|You should have gotten an Act 91 notice when they expressed intent to foreclose. It should have listed some community agencies to go speak with for help. If you have moved out, are you planning to fight the foreclosure? |Sara_s_Mom|IClipCoupons@gmail.com|07:25:58|05/02/2012|
Often the amount is more than what you think is due. Likely, any payments you made were put toward the interest. Plus, the bank includes attorneys fees and costs (things like Sheriff's sale, etc.) in the amount they are asking for.
Even though your house is in foreclosure, you may be able to sell it yourself if you can get enough money to cover the bank's fees.
If you don't want the house, they may be willing to accept a deed in lieu of foreclosure because it saves you both costs.
8|3|I tried a deed in lieu -after we tried the short sale- boa has accelerated to foreclosure - they do not want to help anyone but themselves. the attorney we contacted says that they prefer to foreclose becuase it gets them the most money|tonyas30|tonyas30@hotmail.com|09:21:54|05/02/2012|
its been horrible from the start with them and i really just want this to be over.
it takes so much negative energy to fight a losing battle
11|3|never received act 91 notice but they told us by phone they filed 4 foreclosure|tonyas30|tonyas30@hotmail.com|10:08:08|05/02/2012|
no notice though 6|1|Also, how long ago di dyou leave it? The bank may have incurred fees such as changing locks, a cleaning crew, someone to mow the lawn, etc. They have to protect their property. Also, they can also tack on extra fees for insurance because most people have that escrowed in. Again, they have to protect their investment. So, they get insurance on the house (and add it into the fees) and they are not required to find the cheapest company to insure the house either.|Sara_s_Mom|IClipCoupons@gmail.com|07:29:47|05/02/2012|
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9|2|we kept insurance on it until the day before yesterday. its clean. the neighbor mows the grass for us.|tonyas30|tonyas30@hotmail.com|09:23:57|05/02/2012|
so i realize that they can tack on whatever the hell the want. they are big business and they just don't have any compassion. 7|1|Did you call the Clerk of the court where this was filed? They may be able to help point you to the local requirements. You are required to file an answer at the court (they'll docket it) and serve it on the bank's attorney at least. Other than the amount due, is there anything else you disagree with? Did they attach exhibits to the foreclosure (like Note, copy of mortgage, etc.) Make sure nothing else is incorrect. |Sara_s_Mom|IClipCoupons@gmail.com|07:36:02|05/02/2012|
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10|2|Called clerk of courts|tonyas30|tonyas30@hotmail.com|09:28:39|05/02/2012|
we have just a few days left to file an answer or default judgement to boa.
the attorney we talked to that wants 750 a month for the next 2 years said we could sue them because our case is extreme but he also said in the end we would owe them more in late payments and interest that even if he got us 20-25 grand in it we would still end of owing them more than we do now because of the late fees and interest and he advised with my health that I should just not file and let them have the home and move on and enjoy what time I have left.
but damn its not in me to just shut up after all they put us through with no intention of even helping us 12|1|They need to prove that you were served the Act 91. Did you provide them with an address change when you moved out? You get the Act 91 and then you have 30 days to go to a counseling agency. There are lots of games you can play. |Sara_s_Mom|IClipCoupons@gmail.com|13:11:28|05/02/2012|
If you are in bad health, it may be worth it. I know... it's hard to accept when things aren't fair... or when these companies stick it to the little guy. But if you don't have a lot of time left, do you want to spend it unhappy?
You can file your own Answer. What you do for those is use the same heading (court info --- across the top, including case no, ext) and then in their complaint, they usually allege certain things. It might look like this.
1. ___ and ___ have a last known address of ____.
2. On (date) ___ and ___ executed a mortgage for $____
So what you do is go through each and every single count they allege and either admit or deny.
So if they sent notices to the wrong address... you would just write
1. Denied. Defendants reside at ____. (did you tell them you moved? Put that here.
If you don't deny things, they are counted as admitted.
Here's one you can look like that was done by someone: http://activerain.com/blogsview/1742264/example-of-answer-to-foreclosure-complaint-
http://www.co.tuscarawas.oh.us/Treasurer/How%20to%20File%20An%20Answer%20Packet%202-4-08.pdf
You can ask for a hearing in your answer. Maybe a judge will be able to help you. But it's up to you... whatever you want to do. Hope these links help. But lay out the list of the times you asked for help (modify, short sale, etc.) and that they refused even a deed in lieu.
13|1|Thanks for all your help. Hubby has decided not to answer the summons.|tonyas30|tonyas30@hotmail.com|08:31:39|05/03/2012|
he's taking the advise of the foreclosure attorney. it'll end up costing us more the longer we try to prolong it. he(and I) are tired of fighting a battle we can not win. the bank has made it clear its only in the business to make money and not help people out. attorney said, it should all be final (after sheriffs sale) in about 6 months. 14|2|filing bankruptcy|skinnje1|skinnje1@bellsouth.net|14:39:43|05/03/2012|
Are you also filing for bankruptcy? Have you gone into a local BOA office to speak with someone to see what other options there are. Is there a friendly branch near you where it is worth doing? I bank with BOA and not a big fan but some of the offices are nicer than others. Putting a face with the individual may help and speaking with branch manager. 15|3|Bankruptcy will stay the foreclosure, but not indefinitely. But most ppl file 13s these days and that's when you enter payment plans for bills, including for a house. Plus, people with serious illnesses usually hold off because you don't know if you'll rack up a lot more medical bills. I think the attorney gave them the best advice he could under the circumstances. |Sara_s_Mom|IClipCoupons@gmail.com|18:33:20|05/03/2012|
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19|2|Does the bank even have the original deed?|sunriver|sunriver@gmail.com|17:57:21|05/08/2012|
Many of them have been sold over and over again and some homeowners are getting some breaks when the banks can't prove they have possession of the deed. You should have a point of contact with the bank. Call them and tell them you must see that paperwork. 16|1|Aditional costs|Tiggy|DealzMartin@aol.com|09:32:22|05/04/2012|
They have added on the mortgage payments that you stopped paying
on top of the balance owned on the loan.
17|2|hope you read this. Google Bank of America|skinnje1|skinnje1@bellsouth.net|16:03:43|05/08/2012|
BOA initiated new procedures today about loan foregiveness. Definitely worth checking out. Dont know your situation.
Jeannie GA 18|3|I think that's only for homeowners that are 'under water' on their property value vs mortgage amount...I saw that article but didnt read it all the way through...I hope this new policy from BoA will help you, Tonya! :)|saint6811|waylan@comcast.net|17:03:17|05/08/2012|
" You'll get what's coming to you ... Unless it was mailed."