If 2 owners are served foreclosure notices at different times, does the judge have to wait until both answer periods are up before setting the date to render judgement?
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If 2 owners are served foreclosure notices at different times, does the judge have to wait until both answer periods are up before setting the date to render judgement?
My wife and I are both named in a foreclosure. We were served 20 days apart. According to the complaint we have 20 days to file an answer. How the judge have to wait to set the date to render the judgement? I tried contacting the clerk of court but they would not give me a definitive answer
Asked on May 10, 2011 under Real Estate Law, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Ok so the basics here are what we really need to focus on and the practicalities of the situation. When you are served with a Summons and Complaint personally - like you were - you have to answer within the 20 days to avoid a default judgement being taken against you. The same for your wife. Now, the attorney can move for default against both of you individually and at separate times given that you wee served at different times. So a judge could render the judgements against you at separate times. However, the reality of the situation is that they need to have judgements against all the owners before they can do anything with the foreclosure, like schedule the sale. Is there any way that you can make a deal with the lender at this point in time? Maybe answer the complaint and add something requesting that the court allow you to sign a deed in lieu of foreclosure - although "technically it is too late for that there are still other legal fees that can be avoided - in exchange for a waiver of deficiency judgement against you? Anything to help the situation. Good luck.
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