Need More Time in Foreclosure?

Today is Monday, December 7, you have seventeen shopping days left until Christmas.  If you do not heed the deadline, time can work against you.  The same is true in home foreclosure. If you have received a Foreclosure Summons, you only have 20 calendar days to respond, and it needs to be answered properly.  Often a Motion for Enlargement of Time can give you the chance to review your case with a foreclosure defense attorney (if you have not already done so) and go over what legal choices you may have.  Motion for Enlargement of Time gives you that opportunity to regroup and address this as a legal matter and not just a financial fiasco. You cannot mount a Foreclosure Defense just to delay the inevitable, but you can use the time it gives you to pursue a strategy toward your best benefit, such as a mortgage modification or short sale.  If only you could file for a Motion for Enlargement of Shopping Days. “There’s no present like the time.”  Second Best Exotic Marigold Hotel   Read More

Christmas Countdown & Court Deadlines

Today is Thursday, November 19; you have 36 shopping days left until Christmas.  If you have been served a home Foreclosure Summons, you have even fewer days than that to respond, and if you have been served a Three-Day Notice to Pay or Quit at your rental unit, you have even less time. Once you receive a Foreclosure Summons, you only have 20 days to file a response or you could be defaulted in the case.  Note:  those are 20 calendar days as the crow flies, not around weekends and holidays.  The clock is ticking through Christmas, Chanukah, Kwanzaa, and Festivus. By contrast, Landlord-Tenant Law works off the courthouse calendar, not Wal-Mart hours.  Landlord notices come in increments of less than ten days.  Because that is such a short amount of time, the court does not count holidays or weekends to allow the tenant time to get things done.  Plus it is harder for a tenant to pay a landlord on holidays and weekends when banks are closed.  Thus in renter eviction, holidays and weekends do not count in notices. Regardless of how many shopping days you have left, if you received a Foreclosure Summons or Three-Day Notice, the clock […] Read More

Gift of Time

“There’s no present like the time.”  Second Best Exotic Marigold Hotel A Foreclosure Defense may be a piece of that “present” and a Motion for Enlargement of Time may be the bow on top. If you have received a Foreclosure Summons, you only have 20 days to answer…you may need more time to get your act together, to meet with an attorney, to review your legal options, to let your short sale go through or your trial modification to become a permanent modification.  Motion for Enlargement of Time is a common filing in Foreclosure Defense, and gives you that opportunity to regroup and address this as a legal matter and not just a financial debacle.   You only have 20 days to answer a Foreclosure Summons and it needs to be answered properly.  If you are just meeting with legal counsel at that point, your attorney may file a Motion for Enlargement of Time, not to delay the inevitable, but for the chance to review your case and design a strategy toward your best benefit.   Read More

Choice Point in Home Foreclosure: Answer to the Foreclosure Summons

So you have not made a mortgage payment in months and get served a foreclosure lawsuit—what now?  You have 20 days from your receipt of that court summons to file an Answer…or do nothing. If you DO NOT file a valid Answer with the court within those 20 days, a Summary Judgment Request may be filed against you, and you give up your right to contest the foreclosure.  Once a Final Summary Judgment is entered, a foreclosure sale date is set, then your house is sold on the courthouse steps, a Certificate of Title is issued to the new owner, and you will be served an eviction notice. If you DO file a valid Answer with the court within those 20 days, you have a chance at a better outcome. (Note:  If you have not made your mortgage payments just to live in a free house, the judge probably will not be inclined to rule in your favor.  Getting a free house from a foreclosure proceeding happens about as often as popsicle sightings on the sun.) With the help of a HUD-certified counselor or an attorney, you can file a valid Answer with the court, and pursue a strategy with […] Read More

Cannot Win Them All

You cannot win them all, and in foreclosure cases, you are not going to win any.  Even if the case gets dismissed, the lender or loan servicer will come back with a better-built case and they will ultimately prevail over the homeowner.  However, a foreclosure defense gives the homeowner an opportunity at an alternative outcome. Foreclosure defense is not about winning or losing; it is about changing the game.  If you can finish a short sale, or you can finish a mortgage modification before the foreclosure case gets to an end, then you have accomplished something different.  However, you may need the legal defense for that opportunity to play a different game.  Short sales and mortgage modifications take time, and a foreclosure defense can give you that time to pursue such an alternative. A short sale will not stop a foreclosure.  Just because you are in negotiations with your lender for a short sale, or you are doing well in a temporary mortgage modification, does not mean you are “safe” from foreclosure.  The legal department and the financial department are two separate entities.  They do not necessarily communicate or coordinate.  The lender may be working with you for a short […] Read More

Timelines Matter in a Foreclosure Matter

As Father Time marches into a new year, so does the court calendar.  Timelines matter in foreclosure, and the more deadlines you can meet, the better your position is for a legal defense. Once you receive a foreclosure summons, you only have 20 days to file a response or you could be defaulted in the case.  Note:  those are 20 calendar days as the crow flies, not around weekends and holidays. You may have defensible rights (even if you have not made a payment).  Often a Motion for an Enlargement of Time can give you the chance to review your case with a foreclosure defense attorney (if you have not already done so) and go over what choices you may have. While a foreclosure defense attorney is not allowed to file things just to cause a delay, your defense attorney can file to ask the plaintiff to prove their case, and in doing so, put time on your side to pursue an alternative like a short sale or mortgage modification. In foreclosure, time can work for you towards an alternative outcome, but if you do not heed the deadlines, time can work against you and your position to make choices.  […] Read More

Time Change in Foreclosure Defense

If you have been served a foreclosure summons, wake up!  The fall time change may have granted you one extra hour, but you only have 20 calendar days to make a proper response. You may need more time to get your act together, to meet with an attorney, to review your legal options, to let your short sale go through.  Motion for Enlargement of Time is a common filing in Foreclosure Defense, and gives you that opportunity to regroup and address this as a legal matter and not just a financial debacle.  Time is a side-effect of a Foreclosure Defense.  While the legal defense addresses the litigation issues of your case, you have the opportunity to pursue an alternative to foreclosure, such as a short sale of your property.  The idea is to reach an outcome of best benefit to you before the lender can complete their case against you. A Foreclosure Defense cannot change time, but it can change what happens in the end.    Read More

Another Day

Just because today is my birthday the judge is not going to wear a pointed hat and rule in my favor regardless of my case.  The deadline clock is not stopped for twenty-four hours in observance of the day I was born.  Foreclosure marches forward just like any other day. Unlike rental eviction, home foreclosure marches through holidays and weekends, and in complete disregard to bank holidays.  Once you receive a foreclosure summons, you only have 20 days to respond—20 calendar days (not business days). You may need more time to get your act together, to meet with an attorney, to review your legal options, to let your short sale go through.  Motion for Enlargement of Time is a common filing in Foreclosure Defense, and gives you that opportunity to regroup and address this as a legal matter and not just a financial debacle.  Furthermore, time is a side effect of Foreclosure Defense.  While the bank is busy proving its case against you, you have the opportunity to pursue an alternative other than foreclosure—like short sale or loan modification. For the bank, a birthday, holiday, or weekend is just another day, but if you launch a Foreclosure Defense, you have […] Read More

A Funny Thing Happened on the Way to a Short Sale

Once upon a time Caesar was on the way to a short sale of his house.  He had taken out a home loan in the salad days of his youth, but his income was not what it used to be, plus he had added expenses.  So Caesar was working with Brutus Bank, negotiating a short sale and planning to relocate to a more affordable abode.  Caesar had a buyer for his palace, a closing date set, and was looking forward to moving out from underneath a mortgage loan he could no longer uphold.  But then… A foreclosure happened on the way to his short sale.  It was not exactly a betrayal in the ancient Roman sense, but it had the ironic barb of a Greek tragedy. What Caesar did not realize is that while he was happily negotiating with the lending department of Brutus Bank, the legal department was proceeding with the foreclosure action against his property.  Instead of closing on a short sale of his house, Caesar was served with a foreclosure summons.  “E tu Brute!” he exclaimed.   With a legal defense, funny things can happen too on the way to a foreclosure.  You may be headed for […] Read More

Dates & Deadlines in Foreclosure

Generally if the Plaintiff fails to show up to a foreclosure hearing, usually the hearing is rescheduled, but if the Defense fails to show, that is not good for the homeowner.  As a homeowner, you do not necessarily gain points by being on time, but you do not automatically lose ground by meeting dates and deadlines in a foreclosure process. Home foreclosure is a complicated legal process.  Competent legal counsel can help guide you through the dates, deadlines, and possible outcomes at each choice point. Additionally a defense attorney may be able to aim you toward a foreclosure alternative, such as loan modification or short sale. If you get served a foreclosure complaint, it is not an invitation to leave immediately.  In most foreclosures in states such as Florida that have judicial foreclosure, you will have time to pack (or not pack in the case of a loan modification).  However, dates and deadlines are important, starting with the 20 days you have to respond to the summons. Read More