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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102171
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I need a sample of respond to a foreclosure
, I need a

Customer Question

Customer: ***** *****, I need a sample of respond to a foreclosure
JA: Thanks. Can you give me any more details about your issue?
Customer: I need a sample letter of how to respond to a foreclosure summons. I am currently in the middle of a load modification with the bank, yet, the proceedings are still going foreward. I am trying to keep the house and the bank is finally working with me, buy, I still have to respond to the courts. Any suggestions of how to respond. The summons is for Lucas county, state of Florida
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Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only 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. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. I am including sample reply verbiage below:


COMES NOW the Defendant, JOHN DOE, a Florida resident, by and through its undersigned counsel, and answers the Plaintiff’s Complaint and alleges:

1. That Defendant, JOHN DOE, is without knowledge sufficient to admit or deny the allegations of Paragraphs 1-10 (or whatever the numbering is in the complaint) of Plaintiff’s Complaint and demands strict proof thereof.

2. The Defendant, JOHN DOE admits the allegations of Paragraph ____ of Plaintiff’s Complaint to the extent that Defendant, JOHN DOE, claims an interest in the subject property, but is with knowledge sufficient to admit or deny the allegations of priority contained therein and demands strict proof thereof.

3. That as an affirmative prayer for equitable relief from this Court, this Defendant prays that in the event of judicial sale of the subject property results in a surplus of funds after satisfying Plaintiff’s Judgment that such surplus be applied toward this Defendant’s claim for unpaid assessments, together with cost, interest, late fees, and reasonable attorney’s fees incurred in the collections, pursuant to Florida Statute and the Declaration for JOHN DOE, recorded in Plat Book ___at Page_____of the Public Records of Lucas County, Florida, as far as such surplus is able.

4. Any affirmative defenses that you may have will go here.

Good luck.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Customer: replied 1 year ago.
Not what i asked not at all refund my dollars ***-***-****
Expert:  Ely replied 1 year ago.
I see. Well you did ask for a foreclosure response, and this is what I provided. I also have a full sample (i.e. downloadable fill in the blank form).
I will go ahead and send this to customer service.

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