How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JoeLawyer Your Own Question
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience:  Attorney in the practice of Bankruptcy Law since 1996
Type Your Bankruptcy Law Question Here...
JoeLawyer is online now
A new question is answered every 9 seconds

I received a Motion and Request for Default from the Law Firm

This answer was rated:

I received a Motion and Request for Default from the Law Firm who is foreclosing on my home in Florida. What dose this mean and how long do I still have before they take my house.Also what would be the next thing I would have to expect from them? I don't have a l Attorney yet should I get one now or wait for the next step?
A Motion for Default Judgment means that the lender that is foreclosing is requesting judgment against you since you failed to timely respond to their lawsuit in writing to the court.

If the court grants their Motion for Default Judgment, which the court normally does, then the lender will have a judgment against you and then they will schedule a foreclosure/sheriff sale of the home in the next couple of months.

If you want to stop the foreclosure sale, common options include either (1) modifying the mortgage with the lender before the foreclosure sale, (2) refinancing the property with another lender before the foreclosure sale, or (3) filing Chapter 13 bankruptcy before the foreclosure sale.

You should be sure and check with the court from time to time to see if a foreclosure sale has been scheduled so you know when your deadline is to do something to stop the sale.

If you elect to file Chapter 13, you have to have a regular source of income with which to pay the mortgage and fund a Chapter 13 Plan, and the Chapter 13 Plan has to be enough to cure the mortgage arrearage over 3 to 5 years, plus trustee fees, attorney fees, etc.

Good luck,

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Funds I receive from are gratuities paid to me for taking the time to respond to questions, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. JoeLawyer is an attorney but does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) JoeLawyer. All rights reserved.
JoeLawyer and 3 other Bankruptcy Law Specialists are ready to help you