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lwpat, Attorney
Category: Real Estate Law
Satisfied Customers: 25387
Experience:  Practicing attorney with expertise in easements
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I need a form for a motion to extend time to file responsive

Resolved Question:

I need a form for a 'motion to extend time to file responsive pleading' for a foreclosure sale. I am in North Carolina is there somewhere I can get one on line?
Submitted: 7 years ago.
Category: Real Estate Law
Expert:  lwpat replied 7 years ago.
There is not one online to my knowledge. You can call the attorney for the bank and ask if he will agree to extend the time but I doubt it. Without his agreement the court will probably not extend the deadline. What you really need to do is to file a motion for leave to file your answer out of time and you will need to have a good reason, being in the hospital, etc. You would also need to do an Order granting the motion. It may be by consent if the other attorney agrees. However, the simplest thing to do is to go ahead and file your answer.

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However, if the properties are coming up for sale the foreclosure process is complete and it is too late to file an answer.
Customer: replied 7 years ago.
Isn't there something we can do to atleast postpone the sale? Would contacting the lender or the lenders lawyer help?
Expert:  lwpat replied 7 years ago.
Unfortunately the lenders are not cooperating with modifications or short sales. It is likely that the bank will end up with the properties at the sale and you may be able to do something then.
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