Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

Tina. My name is ***** ***** and my question is related to…

Customer Question
Hi Tina. My...

Hi Tina. My name is ***** ***** and my question is related to the foreclosure case against us.

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

We just received notice that a motion for default - failure to plead was granted against us on Monday (2/29) and are trying to determine next steps.

Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Customer reply replied 2 years ago
The most pressing question I have is how much time do we have to respond now that this motion for default - failure to plead has been granted? Our home is in Connecticut.
Customer reply replied 2 years ago
Also, what happens if we do not respond, i.e. what would be the next step in the process?
Answered in 30 minutes by:
3/3/2016
Lawyer: RONB-ESQ, Lawyer replied 2 years ago
RONB-ESQ
RONB-ESQ, Lawyer
Category: Legal
Satisfied Customers: 357
Experience: Right of Way Manager at Access Midstream Partners, LP
Verified

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

Ask Your Own Legal Question
Lawyer: RONB-ESQ, Lawyer replied 2 years ago

Could you tell me what state and county you are in?

Ask Your Own Legal Question
Customer reply replied 2 years ago
Hi Ron. Thanks for your help with this. We live in Fairfield County, Connecticut.
Lawyer: RONB-ESQ, Lawyer replied 2 years ago

Can you upload a scanned copy of the first page or good picture from your phone? You can use the paper clip thing on your screen to load a file from your computer to this website. If you are worried about personal information then take picture below your names. I am reading more about the issue now.

Ask Your Own Legal Question
Customer reply replied 2 years ago
Here is a picture of the notice from the court website...
Lawyer: RONB-ESQ, Lawyer replied 2 years ago

I am sorry a friend stopped by and I got interrupted. Are you still online? Give me a few minutes to read this and read a little further on statute and I will be right back

Ask Your Own Legal Question
Lawyer: RONB-ESQ, Lawyer replied 2 years ago

I am reading more dense article I did find this one as well. http://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/Foreclosure_Postjudgment.pdf let me read just a little more and I will provide an answer to your actual question.

Ask Your Own Legal Question
Lawyer: RONB-ESQ, Lawyer replied 2 years ago

To understand this better were you already served with some other notice or summons? Certified mail or by process server?

Ask Your Own Legal Question
Lawyer: RONB-ESQ, Lawyer replied 2 years ago

If you will look at section 17-20 of this paper you will see that it appears you must file a written appearance within 15 days. If you have a current version of acrobat for opening pdf files then click CTRL + F at same time. In upper right side of paper you can enter 17-20 and it will take you to that section. Let me know if you have further questions.http://www.jud.ct.gov/Publications/PracticeBook/PB.pdf#page=257

I think the first link I provided might have some samples at the back. If it has been more than 15 days then you have to get court's permission to file your motion .

Ask Your Own Legal Question
Customer reply replied 2 years ago
No worries on the delay.To answer your question, we received a summons and complaint on 1/12/16 via mail.We filed our written appearance on time (1/19/16) but were unaware we need to "plead"/file an "answer" to their complaint. (I have reviewed all the documents that we were sent and it never said anything about having to respond to the complaint. I take it they assume we know this --- and perhaps if we had a lawyer we might --- but we have been self-represented on this case and we didn't.)We then received a "motion for default - failure to plead" on 2/22/16 which was granted by the court on 2/29/16. We are now wondering what we need to do next and how much time we have to do it.I found the following online...Sec. 17-32. Where Defendant is in Default for Failure to Plead (a) Where a defendant is in default for failure to plead pursuant to Section 10-8, the plaintiff may file a written motion for default which shall be acted on by the clerk not less than seven days from the filing of the motion, without placement on the short calendar. (b) If a party who has been defaulted under this section files an answer before a judgment after default has been rendered by the judicial authority, the default shall automatically be set aside by operation of law unless a claim for a hearing in damages or a motion for judgment has been filed. If a claim for a hearing in damages or a motion for judgment has been filed, the default may be set aside only by the judicial authority. A claim for a hearing in damages or motion for judgment shall not be filed before the expiration of fifteen days from the date of notice of issuance of the default under this subsection. (P.B. 1978-1997, Sec. 363A.) (Amended June 21, 2010, to take effect Jan. 1, 2011; amended June 12, 2015, to take effect Aug. 1, 2015.) HISTORY—2016: Prior to 2016, subsection (b) read: ‘‘If a party who has been defaulted under this section files an answer before a judgment after default has been rendered by the judicial authority, the clerk shall set aside the default. If a claim for a hearing in damages or a motion for judgment has been filed, the default may be set aside only by the judicial authority. A claim for a hearing in damages or motion for judgment shall not be filed before the expiration of fifteen days from the date of notice of issuance of the default under this subsection.’’ COMMENTARY—2016: The revision to this section is intended to incorporate the language of Section 17-20 regarding setting aside a default for failure to appear in order to make the setting aside of a default for failure to plead more efficient.If this is indeed the correct section to be looking at, does this mean that we have 15 days from the date of notice of issuance of the default (i.e. 15 days from 2/29/16)? That's how I read it but I really need an expert's opinion as this is our home we are talking about and I don't want to take any chances in getting it wrong. Thanks.
Lawyer: RONB-ESQ, Lawyer replied 2 years ago

The document you posted says ORDER granted by clerk based on motion by plaintiff. I am sorry, but to me it does appear that based on section 17-32 they have obtained their order. You really need to retain a local real estate attorney I am sure money is tight or you would not be in this situation. You are likely going to need to file a motion to set aside this order. An attorney that deals with defending foreclosures would be familiar with this. You could probably meet with one for free at least for 30 minutes and if you take him these papers he can probably give you an instant answer.

You can go to findlaw.com or avvo.com to search for attorneys in your local area.

Again I am sorry so please don't shoot the messenger by leaving me negative feedback. I should have noticed the word "ORDER" that is very important and it appears based on this section that the mortgage company has got an "ORDER" meaning they can likely move forward to evict you.

If for some reason you can't leave positive feedback and would like another attorney to look at this let me know and I can opt out.

Regards,

Ron

PS A last ditch effort would be filing a chapter 13 bankruptcy, but if they already got this order you would need to act very fast and talk to a bankruptcy attorney.

Ask Your Own Legal Question
Lawyer: RONB-ESQ, Lawyer replied 2 years ago

If you have any questions or concerns about my response, please reply and let me know. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I receive credit for the time I spent answering your question. If for some reason you don’t feel you can provide me positive feedback please reply and give me the opportunity to clarify my answer before giving me negative feedback.

Regards, Ron

Ask Your Own Legal Question
Customer reply replied 2 years ago
Good morning Ron. I will definitely not shoot the messenger and I will take your advice about getting a local real estate attorney. We have not done so to date as we have not had the financial resources to do so. We have therefore self-represented for the past 6+ years and have already made it through a 5 1/2 year case that was eventually dismissed. PRAISE GOD!!! This is a different matter though as we do not qualify for mediation (like we did last time) and therefore are not familiar with the procedural issues regarding filing an answer to a complaint (last time we did not have to file an answer; we discussed our "answer" in mediation).If you would however, could you please give me your read as a trained lawyer as to whether we have 15 days from 2/29/16 to file an answer (please see my earlier post) in hopes that we can find a local real estate attorney to help us before that?Thanks again for your help with this.Blessings,
Chad
Lawyer: RONB-ESQ, Lawyer replied 2 years ago

The document you posted says ORDER granted by clerk based on motion by plaintiff. I am sorry, but to me it does appear that based on section 17-32 they have obtained their order

Based on this I am sorry as I was unclear. Before that I was talking about potentially using the 15 days in section 17-20. Upon re reading your copy of the document and reading 17-32 it is my opinion that they have their order so the 15 days is out the window. At this point 17-32 appears to read just like your document saying upon motion the CLERK issued ORDER so now you would have a much harder hoop to jump through and you would need to seek to set aside the order and a local foreclosure attorney is most likely to know the fastest and most cost effective way to do this. If you can find one then you won't be paying to train another attorney to do what a foreclosure defense attorney does on a daily basis.,

Ron

Ask Your Own Legal Question
Was this answer helpful?
Ask RONB-ESQ Your Own Question
RONB-ESQ
RONB-ESQ
RONB-ESQ, Lawyer
Category: Legal
Satisfied Customers: 357
357 Satisfied Customers
Experience: Right of Way Manager at Access Midstream Partners, LP

RONB-ESQ is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
An Ohio homeowner is in a foreclosure dispute concerning the
An Ohio homeowner is in a foreclosure dispute concerning the house. The homeowner has let the Court know that, regardless of the result of the trial, the homeowner wishes to simply sell the house, whi… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,278 satisfied customers
Have house that's in foreclosure Mom owns it but had stroke
have house that's in foreclosure Mom owns it but had stroke so we are on default can i file a bankruptcy on her behalf … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,278 satisfied customers
Question about a buying a foreclosure at auction in NYS and
Question about a buying a foreclosure at auction in NYS and a title issue related to this … read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,519 satisfied customers
I am not sure if I need a defense attorney. Ohio. None
None actually. I am a listed as witness in a trial against my former boyfriend. The state filed charges but i was dishonest with the police officer and want to tell the truth so i don't know if ill need an attorney after the trial. Im still being represented by the prosecutor … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I wanted to speak with an Attorney about a foreclosure case
I wanted to speak with an Attorney about a foreclosure case I'm involved in currently … read more
Ray
Ray
Lawyer
Doctoral Degree
32,619 satisfied customers
We paid a criminal defense attorney to represent him and he
We paid a criminal defense attorney to represent him and he did nothing but try to plea deal. He has since requested to be removed from defending him and that was granted.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,877 satisfied customers
Are there any circumstances when a foreclosure sale has
Second opinion] Are there any circumstances when a foreclosure sale has taken place that the sale does not go through or can be reversed,rescinded or declared invalid? … read more
LegalGems
LegalGems
Juris Doctorate
11,968 satisfied customers
FORECLOSURE IN NJ: Mortgage company filed foreclosure
FORECLOSURE IN NJ: Mortgage company filed foreclosure complaint. Documents were never served and was unaware of the filing until I received Final Judgement, via USPS certified mail. I immediately file… read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,519 satisfied customers
I am interested in talking with a criminal defense attorney?
I am interested in talking with a criminal defense attorney? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Are you a defense attorney. Fl. None. I think I talked to
I think I talked to someone today. Loren. Is he an attorney there.… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I heard that insurance defense attorneys are busier than
I heard that insurance defense attorneys are busier than other attorneys. What would be the reasons? Thanks.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,877 satisfied customers
In a foreclosure in North Carolina, if there is an existing
In a foreclosure in North Carolina, if there is an existing lien, how is it considered: must it be settled first?… read more
Ray
Ray
Lawyer
Doctoral Degree
32,619 satisfied customers
I had an insurance defense attorney to defend me against the
I had an insurance defense attorney to defend me against the other party's claims. At the same time, I paid another attorney for the counterclaims part. My counterclaims attorney told me the insurance… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,344 satisfied customers
My insurance company and insurance defense attorney settled
My insurance company and insurance defense attorney settled a lawsuit against me. My understanding was that insurance company pays defense attorney and controls litigation, and defense attorney protec… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,166 satisfied customers
Would an attorney insurance defense attorney feel very
Would an attorney insurance defense attorney feel very strong about pointing out the lies made by the other party? How about a regular attorney? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Seeking a California criminal defense attorney. I know of a
HelloSeeking a California criminal defense attorney.I know of a young adult male going to arraignment in a few days for a DUI. He was released after booking on a Sheriff Pretrial Release Program, and … read more
LegalGems
LegalGems
Juris Doctorate
11,968 satisfied customers
I have a friend who is a licensed defense attorney in
I have a friend who is a licensed defense attorney in Florida and has developed a serious drug addiction problem. He is not employed and is very depressed. As a result, he has started lashing out at f… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,278 satisfied customers
Is this free, I need a criminal defense attorney pro
I need a criminal defense attorney pro bono.....I can't pay … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x