Filing An "answer" To A Foreclosure Complaint & Other Delay Tactics
In Conti and Finkel's "Making Big Money in Foreclosures" they speak, in passing only, of filing an "answer" to the foreclosure "complaint" as a simple way of slowing the process, and of buying another month before the sheriff's or trustee's sale. They also say that any typo, misspelling, or other flaw in the complaint/ad is grounds for sending the process back to square one. Who's encountered or used this? Is either one something you can do alone, or do you need an attorney? Thanks.
I don't know a lot about your question except that I wouldn't touch anything in real estate without an attorney!
It is my understanding that Banks and Finance companies now require you to fill out a form at closing, that gives them the right to fix any mispellings, typos, or other errors without delay in procedings. I assume they have included this to speed up any actions they need to take. I am not sure the name of this form but I am sure others here will add to this comment as this is a very wise group.
In PA in original conveyances and refi's, mortgage companies have the buyer/refi'ing owner sign papers allowing the mortgagee to correct typos. However, I do not know if typos in foreclosure papers can have a substantive effect--delay or dismissal of those proceedings.
In the non-judicial, non lawsuit foreclosure states, there's really no provision, forum or place for the filing of any "answer" or "reply".
In State of WA, for example, the foreclosure is all statutory, and the only way of stopping it, judicially, is a suit to enjoin it, accompanied by bond (very expensive).
Or the debtor might file a BK, which only postpones it for a few weeks before the court issues an Order Lifting the Stay and permitting the foreclosure to proceed..
In my neck of the woods the foreclosures are judicial, and from what I've seen it most certainly does delay the process when the defendant files an answer. The foreclosing atty has to then respond to the answer, and then the thing goes to a judge who has to issue a ruling. Seems to me it's probably an average of 2 months additional.
-Vince
In my neck of the woods the foreclosures are judicial, and from what I've seen it most certainly does delay the process when the defendant files an answer. The foreclosing atty has to then respond to the answer, and then the thing goes to a judge who has to issue a ruling. Seems to me it's probably an average of 2 months additional.
-Vince