Sunday, February 24, 2013

Can I File an Answer to Foreclosure Complaint Myself?

Question: I received a summons about foreclosure on my house. As of beginning of this year we were accepted into a Home Modification program (HAMP) and have already made a couple of payments. The servicer of our loan is telling us that this just crossed in the mail and is a matter of formality since we are in the trial payment period. I searched for a date and have just realized that the motion or the answer needs to be filed this week. I just want to file the motion. If anything additional should occur I would hire an attorney to handle this. Is this something I can do myself? I have contacted a number of attorneys to get more information on this.

Response: If you are in a HAMP trial period, the loan will convert into a permanent loan modification and the foreclosure will be discontinued by the bank's attorneys. To be on the safe side, you should do a simple answer that would allow you to preserve defenses in case the loan modification option does not work out. You don't need to do a motion especially since you are on the path of modifying your loan. Just keep making timely trial payments and the loan will be modified and the case will be discontinued.

In the legal blog, Attorney Svetlana Kaplun addresses typical questions our firm has received from our clients, or come across from homeowners related to foreclosure, foreclosure defense, loan modification and bankruptcy topics.

The information contained in the legal blog of Attorney Svetlana Kaplun is for informational purposes only, and should not be construed as a legal advice on any subject matter. Please read our full disclaimer or contact the Law Office of Svetlana Kaplun, P.C. by telephone at 718-444-1115 for more information.
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