If we received a foreclosure summons the same time lender said we are approved for the HAMP program, do we still have to file our appearance?
Question Details:
Been working with lender for the past 5 months or so on a modification, received a summons, I called lender and they said we were just approved for HAMP and paperwork sent to sign and send back (which we have received) and first payment to start next month.
If you want to avoid foreclosure, you should file
an answer to the complaint within the required
period, e.g., 20 days in Florida. Many lenders are
so involved with multiple foreclosures and mortgage
management issues that they fail to coordinate
the relations with homeowners. To protect yourself, it's advisable to file an answer to
explain your negotiation of mortgage
modification issues and your assumed
commitment to avoid foreclosure. Such
answer will avoid any possibility of a motion
for summary judgment if the bank finds
some excuse to proceed with the complaint.
