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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 26322
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Wells Fargo has filed and intent to file written application

Customer Question

Wells Fargo has filed and intent to file written application for default. I thought I had someone taking care of this for me but found they were not legit. I have file an answer today. I am in Iowa.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. Would you mind sharing with me what your answer is? Did you retain an attorney? Who was supposed to be handling this?
Customer: replied 1 year ago.
Hope for Home was suppose to be helping me with a modification and the foreclosure process since April. I found out yesterday afternoon that they have done nothing to help.
Customer: replied 1 year ago.
I need to know what I should file in response to the " intent to file written application for default" I was told by another party to file a "demand for delay of sale"
Expert:  RealEstateAnswer replied 1 year ago.
Thank you. In order to prevent being defaulted, you do need to file an answer or responsive pleading. A demand for delay of sale would be filed IF there was actually a judgment entered and sale date set. If that has yet to happen and I do not think it has, if this is only an attempt to default you and you are still being given an answer to respond, then you need to file your answer and respond to the allegations in the complaint and raise any defenses which you may have. If you want to try and save your home, you also want to try and go to mediation or file for a loan modification with the lender. If you have no defenses to raise, then you may want to consider a consent judgment and see if the lender will agree to an extended sale date, to give you additional time to move and find a new place to live.
Customer: replied 1 year ago.
I had filed an answer stating I was in the process of a loan modification before they filed the intent to default. Iowa law is confusing on this, I thought I read that I needed to file a delay of sale before the judgment was entered.
Expert:  RealEstateAnswer replied 1 year ago.
An answer has to be in relation to the complaint. Advising that you are in the process of getting a loan modification, is not an answer or responsive pleading, which is why they filed for the default and you are not being asked to respond. You can proceed an ask for the delay of sale and raise any other defenses as well. If you are trying to get the loan modification, that could be a basis to ask for the delay, so they can evaluate it
Customer: replied 1 year ago.
I was given 10 days to respond to the intent to file default.
Customer: replied 1 year ago.
what kind of form do I use to file
Expert:  RealEstateAnswer replied 1 year ago.
You would file an answer. There should be a blank form to file an answer, whereby you respond to the allegations in he complaint, line by line, either admitting to them, denying them or stating you are without knowledge.
Expert:  RealEstateAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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