I have received a summons for Foreclosure and not sure about some things.1) How do I file an appearance and answer which the document states must be done within 30 days2) How does the 30 day item fit with the date of August 22nd which is called a case management date3) If I can come up with money to bring the mortgage current within 90 days how does that impact the dates above.4) Finally, I have been asking and working with BofA since January to modify this Loan with no help what can you advise as future steps to do this.
Country relating to Question: United States
State (if USA): Illinois
1) To answer this suit yourself if you cannot find an attorney, you need to copy the heading on the Complaint (court name/case name/case number). Title it "Answer." Then you need to state you are the respondent, your name, and that you are appearing to represent yourself and answering the petition. Then you number every response to correspond with the numbers on the petition. You then answer each one with "Admit" "Deny" or "Insufficient information to find a reasonable belief as to the truth of the matter asserted and leave petitioner to her proof thereof." Once you have answered each numbered paragraph then you can put "Defenses" and list any defenses you have to her petition. Then if you have any counterclaims to make, you can make them after your defenses under the title Counterclaim and to do that you would copy the same layout that the initial petition you received has and just change each numbered paragraph to reflect your facts and allegations.
Once you complete that you sign the response, you have it notarized. Under that put "Certificate of Service" and put the name/address of her attorney where you will be mailing a copy and the date you mail it and sign that.
Then file the original and one copy with the clerk of court and ask the clerk to stamp one copy to give back to you as proof of service. Mail one copy to the other party's attorney.
2) The 30 days has nothing to do with the case management date, that is the date set by the court for the parties to meet with the court to confer about the case. Your 30 days is from the date you were served and it is 30 calendar days (if the 30th day is on a weekend or holiday, then the due date is the next business day).
3) If you come up with the money to bring it current, then it is up to BoA as to whether or not they will dismiss the action. Most times they will, but it is up to them.
4) Working with BoA is like hitting yourself in the head with a baseball bat repeatedly. They have a history of dragging out matters and asking for the same documents over and over again until they simply foreclose, even though they are promising to modify. We hear horror stories here daily about how BoA promised to work on a modification and how customers are asked to keep submitting the same documents over and over and BoA claiming they never received them until suddenly BoA forecloses. Thus, you need to proceed with caution trying to work on any modification or deal with BoA, since they have been accused of deceptive practices with this type of situation (among others such as robo signing notes).
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The document does provide for mediation, since you stated correctly my experience with BofA to date would it help to ask for mediation from the judge.
I will have to review the firs answer as I am confused by it and what I am to do.
You can answer the suit and ask for mediation as part of the Litigation process. However, we have not heard many success stories from customers coming here who have gone to mediation with BoA and have seen success only in a minority of our own cases. You need to file your answer to the suit before 30 days and deny that you owe the amount they claim and state they have failed to produce the original note evidencing the debt in one of your defenses. Then once you answer you can negotiate or try to negotiate with them.
JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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