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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 12962
Experience:  B.A.; M.B.A.; J.D.
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Is it too late to defend my foreclosure if I never put an answer

Resolved Question:

Is it too late to defend my foreclosure if I never put an answer and two years went by?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.


Could you explain a little more?


What is the status of the foreclosure case?
Customer: replied 1 year ago.
Well my lender was Magnus bank and the servicer was then transferred to aurora. Aurora started a foreclosure in 2008 and then closed it themselves in April 2011. In November 2011 they started it again. I have been traveling in the past two years and did not get the summons. I had tenants there and when cleaning the house over the summer I saw the summons. I did not know they restarted it. It is currently rented as I am out of state for business reasons, but will be back in a few months to live there again. Now the servicer changed to nationstar and nothing has continued with the foreclosure. From 2011 they just bought an index number and never filed an rji. It does not even show on the court site and would have never known if did not see the package. It is now 6 years since i made a payment. I was even looking into statue of limitations if this case got dismissed if it would be too late for them To restart it. I just recently also noticed that mers is part of my loan. I think my loan could be fraudulent, but I was told by an attorney locally that I waived all my rights since I did not put an answer and would need a good excuse to put a late answer. II also do not want to stir the boat since they are not moving forward unless I was sure to get it dismissed. Otherwise rather wait until they proceed then file to put in a late answer at that time. Any advice? ThAnks so much
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information:


Well my lender was Magnus bank and the servicer was then transferred to aurora. Aurora started a foreclosure in 2008 and then closed it themselves in April 2011. In November 2011 they started it again. I have been traveling in the past two years and did not get the summons. I had tenants there and when cleaning the house over the summer I saw the summons. I did not know they restarted it. It is currently rented as I am out of state for business reasons, but will be back in a few months to live there again. Now the servicer changed to nationstar and nothing has continued with the foreclosure. From 2011 they just bought an index number and never filed an rji. It does not even show on the court site and would have never known if did not see the package. It is now 6 years since i made a payment. I was even looking into statue of limitations if this case got dismissed if it would be too late for them To restart it. I just recently also noticed that mers is part of my loan. I think my loan could be fraudulent, but I was told by an attorney locally that I waived all my rights since I did not put an answer and would need a good excuse to put a late answer. II also do not want to stir the boat since they are not moving forward unless I was sure to get it dismissed. Otherwise rather wait until they proceed then file to put in a late answer at that time. Any advice? ThAnks so much


Response: Your post appears to be similar to a post I answered recently. Because the site is currently experiencing technical difficulties, I have no way of confirming my suspicion. In any event, if the foreclosure case has been dormant for 6 years or more, you should not stir up anything by attempting to file an answer. You should lay low until the case is restarted and then you can go from there. Your case might have fallen through the cracks and should let it stay that way.

Customer: replied 1 year ago.
Thank you. Then when they do restart I can then submit to file an answer and defend? Do you think my excuse would be accepted since I may have never seen that summons and would only know if they restarted something.
Expert:  Phillips Esq. replied 1 year ago.

Thank you. Then when they do restart I can then submit to file an answer and defend? Do you think my excuse would be accepted since I may have never seen that summons and would only know if they restarted something.


Response
: If you did not see the Summons in time to respond in a timely matter and you do an Affidavit describing the circumstance surrounding your non-receipt of the Summons and the Complaint for Foreclosure, it is likely that the Court would accept your excuse and allow you to file an answer.

Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 12962
Experience: B.A.; M.B.A.; J.D.
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