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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7414
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I am reading about requesting an extension of time

Customer Question

Hi Robert- I am reading about requesting an extension of time for the foreclosure summons that I received on 11/23. I have called the clerk and spoken to the Judges chambers and they indicated that I need to go to the courthouse and file for extension. Would it be reasonable to ask for 45 days instead of 20 as stated here? I am getting the funds together to reinstate my loan and need that time to secure them
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.

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.