Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I need a sample of respond to a foreclosure
, I need a…

Customer Question
***** *****, I need...

***** *****, I need a sample of respond to a foreclosure

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

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

Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 41 minutes by:
1/25/2016
Real Estate Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,583
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Verified

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:

ANSWER

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.

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
Not what i asked not at all refund my dollars ***-***-****
Real Estate Lawyer: Ely, Counselor at Law replied 2 years 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.
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,583
103,583 Satisfied Customers
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

103,583 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I am looking for a sample letter to answer a foreclosure
I am looking for a sample letter to answer a foreclosure summons stating, as the only heir, I have no interest in the property. How do I word this? … read more
Loren
Loren
592 satisfied customers
My house has been in foreclosure last 3 years approx. I
My house has been in foreclosure for the last 3 years approx. I filed for bankruptcy in an attempt to buy my 8 yr old son and I time to get out. Now I've been notified that the bank filed a motion to … read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
I am in the middle of a divorce and my home is under water
I am in the middle of a divorce and my home is under water and in the beginning of the foreclosure process. I have a home modification expert working on my behalf to help with modification process. He… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
In the state of NY in Dutchess County a Lis Pendens on my home
In the state of NY in Dutchess County a Lis Pendens on my home has been efiled in the county clercs office on April 24th 2014 but I have not been served yet. How soon can I expect to be served? How do… read more
Ely
Ely
Counselor at Law
Juris Doctor
103,583 satisfied customers
Chase is my bank. I am in the process of working on a mortgage
Chase is my bank. I am in the process of working on a mortgage modification (Chase office in CO.) My pledge letter from Chase states that "no foreclosure action, etc, will be taken while the modificat… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
My question is simple, What, if anything should I be doing?
My question is simple, What, if anything should I be doing? I am 12 months behind and have received a notice from my lender (Bank of America) stating that my loan has been referred to their Foreclosur… read more
Ellen
Ellen
Attorney
Doctoral Degree
649 satisfied customers
Two-fold question regarding a Chase Business-as-Usual (BAU)
Two-fold question regarding a Chase Business-as-Usual (BAU) mortgage modification in New York. 1) After a nearly 18 month odyssey, we were finally offered by Chase a BAU modification. The rep told me … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,920 satisfied customers
in January 2012 i stopped making payments on my 1st and 2nd
in January 2012 i stopped making payments on my 1st and 2nd mortgage due to financial hardship. my house got listed around the middle of january since then i have had 2 contracts, the 2nd contract was… read more
PAX Attorney
PAX Attorney
Attorney
Juris Doctor (JD)
956 satisfied customers
I need a sample letter of how to respond to a foreclosure summons.
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… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,182 satisfied customers
Hello I am the co-signor for a mortgage loan in Georgia,
Hello I am the co-signor for a mortgage loan in Georgia, USA. My child owns the deed - but neither my child or I reside at the residence in question. The house is in foreclosure proceedings - with a f… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
I have a Fannie mae loan and the mortgage servicer PNC has
I have a Fannie mae loan and the mortgage servicer PNC has filed foreclosure paperwork with the county I live in. I have never been late with a payment and as of now I am current. I jave just recently… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I own a home in Dane County, WI, but now live in Chicago (renting
I own a home in Dane County, WI, but now live in Chicago (renting an apt.). The house has been on the market to sell since April 2009, without any offers. Because of a job change, and a large pay-cut,… read more
Kim Courtney
Kim Courtney
Principal Attorney
Master\u0027s Degree
1 satisfied customers
We had a mortgage with Wells Fargo. We spent a lengthy time
We had a mortgage with Wells Fargo. We spent a lengthy time in a process trying to get a loan modification. In september WF set a sale date, however they told us they were putting us in loss mitigatio… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Hi, My name is Donny and Im living in San Jose, California. I
Hi, My name is XXXXX XXXXX I'm living in San Jose, California. I was shocked in receiving a notice on my front door last week from Chase bank stated that my house had been in foreclosure proceeding on… read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
I am proceding pro se for the time being on a foreclosure action
I am proceding pro se for the time being on a foreclosure action against me while awaiting an approval from my mortgage company on a loan modification. The 20 day period to respond to the legal compla… read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
I need to write a letter and file it with the cercit clerks
I need to write a letter and file it with the cercit clerks office I would like to save my home and work something out with lawyers but do not know what to put in the letter… read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
I did apply for Loan modification, the bank with the 20% agreed
I did apply for Loan modification, the bank with the 20% agreed but the 80% denied. Since I did file chapter 7 3 years ago I can not do it again. So I will reapply for the Loan modification again to t… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
I am in Palm Beach County, FL. I am working with the bank to
I am in Palm Beach County, FL. I am working with the bank to get a approval on short sale offer which we have submitted to the bank. In the meantime I have been served a lis pendens notice. How to rep… read more
Ellen
Ellen
Attorney
Doctoral Degree
649 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x