No. The police will not show up in thirty days if you fail to respond initially.
The Plaintiff must still comply with all legal procedures.
These include obtaining a court-approved Judgment of Foreclosure and having the house auctioned off before you are at risk of law enforcement physically evicting you from the property.
If you do not respond to the Summons and Complaint at all in the thirty days after you are served, then you will be in Default in the Lawsuit.
When that happens, the lawsuit will move forward without you.
If you are in Default for failure to respond, you may not present a defense or counterclaim, although you may still be able to contest the amount of money the Plaintiff claims that you owe.
You have options.
You have thirty days from the date you are served to file a written Answer and serve it on the mortgage company's attorney.
If you are eligible for Foreclosure Intervention (see section on Foreclosure Intervention) then your response can be one of two things:
1. Send a Request for Foreclosure Intervention;
2. Answer the Complaint.
You can be served in three ways:
You are in foreclosure once you have been served with the Mortgage Foreclosure Lawsuit.
The documents served on you to begin the lawsuit are a Summons and a Complaint. If you own the house being foreclosed and live there the lawsuit papers should include a Notice of Right to Foreclosure Intervention.
Foreclosure is a lawsuit by your mortgage company when you have failed to make the payments on your mortgage. They are asking the court to sell your house to pay what is owed on the mortgage.
The mortgage company can also ask for a deficiency judgment. This means if the home sells for less than the total you owe on the mortgage, the house would be sold AND they would get a separate judgment against you for the difference.
This classroom will show you:
WARNING: Foreclosure cases can be very complicated. We strongly recommend that you seek the services of a licensed attorney. Although this classroom will provide information you would need to know if you choose to represent yourself, it is not (and can not be) a replacement for the services of an attorney.
