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

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

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

Foreclosure Defense – Going Through the Motions

There is no magic to Foreclosure Defense.  It is a matter of going through the motions—like Motion for Enlargement of Time, Motion for Discovery, Motion to Dismiss—and in doing so, pursuing the best possible outcome for the homeowner.   Going through the motions of Foreclosure Defense is more than posturing.  It addresses the legal aspect of the case, asking the lender to prove their authority to foreclose and asking them to verify other information like amount owed.  Meanwhile the homeowner can negotiate an alternative deal, like a loan modification or short sale.   Some say time heals all wounds…time can also be helpful in foreclosure.  Time is a side effect of Foreclosure Defense, allowing opportunity for an ending other than foreclosure. Read More