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With a foreclosure notice. Mortgage company has not provided…

Customer Question
I'm NM with a...

I'm NM with a foreclosure notice. Mortgage company has not provided any information on right to cure. Not sure how to respond to the summons and don't have a lot of money for an attorney.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

I'm in NM and have received a summmons

Lawyer's Assistant: Has anything been filed or reported?

Lenders atty filed a complaint for forclosure

Submitted: 4 months ago.Category: Legal
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Answered in 5 minutes by:
1/12/2018
Lawyer: Lori, Attorney replied 4 months ago
Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 1,557
Experience: Attorney with over 25 years experience
Verified

Hello. I will try to assist you. I have been a foreclosure attorney for over 25 years.

did you receive a demand letter before the suit was filed? The demand letter generally stated the date of default and how to cure. If there is nothing in the complaint, look at the mortgage and the note - they should be attached to the complaint. The note and mortgage are required to provide the cure period in the document if you were provided with a cure period.

Hope that helps. If you have follow up questions, I will be happy to assist.

Please be sure to accept my response and post a positive rating.

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Customer reply replied 4 months ago
No there was no demand letter... and ditech phone reps have told me that they are sending a hardship package so I can do a deed in lieu of foreclosure. I think that's called dual tracking.
Lawyer: Lori, Attorney replied 4 months ago

Okay, you should also have the right to seek a modification as part of the hardship package.

In response to the complaint, be sure to state that you did not receive any notice, no demand letter and no opportunity to cure the default. You can respond to the complaint by letter. You need to file it with the clerk's office and send a copy to the Plaintiff's attorney.

Any other questions, let me know.

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