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?

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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?

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.

Asked on January 17, 2012 under Real Estate Law, Illinois

Answers:

Sanford M. Martin / SANFORD M. MARTIN, P.A.

Answered 10 years ago | Contributor

    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.


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