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I need a form for a 'motion to extend time to file responsive pleading' for a foreclosure sale. I am in North Carolina is there somewhere I can get one on line?
Optional Information: State/Country relating to question: North Carolina Already Tried: Local clerk of court and various internet searches. No one seems to be able to help. We have several properties coming up for sale within 7 days and we need to work out a repayment plan with the lenders so we don't lose the prop's.
There is not one online to my knowledge. You can call the attorney for the bank and ask if he will agree to extend the time but I doubt it. Without his agreement the court will probably not extend the deadline. What you really need to do is to file a motion for leave to file your answer out of time and you will need to have a good reason, being in the hospital, etc. You would also need to do an Order granting the motion. It may be by consent if the other attorney agrees. However, the simplest thing to do is to go ahead and file your answer.Here is a typical answerhttp://www.co.tuscarawas.oh.us/Treasurer/How%20to%20File%20An%20Answer%20Packet%202-4-08.pdfHowever, if the properties are coming up for sale the foreclosure process is complete and it is too late to file an answer. lwpat40056.8406154282
Isn't there something we can do to atleast postpone the sale? Would contacting the lender or the lenders lawyer help?
Unfortunately the lenders are not cooperating with modifications or short sales. It is likely that the bank will end up with the properties at the sale and you may be able to do something then.
Experience: Practicing attorney with expertise in easements