Real Estate Law
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Hello. I'm sorry to hear that you're having problems with your mortgage account. To gain time and avoid a default judgment being taken against you, you should file a formal request for an extension of time to answer the complaint. You can ask for 45 days, but when you submit an order for the judge to sign (if that is required by the clerk) leave the date for your response blank, and let the judge or commissioner set the time. Even if they only give you 20 days, you can file an Answer to the complaint before the end of 20 days, and that also will avoid a default judgment being taken. You should contact the lenders attorney and tell them what you plan to do. They may agree to a longer extension in advance, and if they do, you can represent to the court that you have notified them of your request, And that they have agreed with it. Be sure to put a statement On your requestthat you have sent a copy of it to the attorney for the plaintiff.