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

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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
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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.

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Lawyer: RONB-ESQ, Lawyer replied 2 years ago

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

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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.

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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

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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.

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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?

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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 .

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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.

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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

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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

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