Foreclosure Help Requested

[Adie24]

What is the name of your state (only U.S. law)? Oklahoma

I am trying to help a friend who has just been served papers. The members of this community have been absolutely wonderful at helping me and others in the past. I appreciate any ideas you have on proceeding.

The paper reads:
"You have been sued by the above-named Plantiff, and you are directed to file a written answer to the attached petition and order in the court at the above address within 20 days after service of this summons upon exclusive of the day of service. Within the same time, a copy of your answer must be delvered or mailed to the attorney for the plaintiff. Unless you answer the petition within the time stated judgment will be rendered against you with coststs of the action."

Important facts: The suit states that they haven't made payments since May and atleast 2 payments have been made since that time. They have missed a total of 3 payments. They are in a position to make 2 more at this time if it will help. Payments were missed due to illness and hospitalization of one of them. No attempts have been made to work with the mortgage company. They were focused on the hospitalized member.

What should they do next to best rectify this situation? Quick and thorough answers are appreciated. Thank you very much.

 

[nfreed]

Re: Forelcosure Help Requested

Adie, since the summons directs them to respond in writing, they should probably comply. Have them briefly describe the pertinent details of their situation, including the hospitalization and the payments made and missed, and certify that they are in a position to make two more payments at this time. Copies of the cancelled checks from their bank can provide proof of the payments they made, and bolster their claim. Have this delivered by certified mail to the plaintiff's attorney within plenty of time before the 20 days expire. If they are directed to appear in court, make sure that they do so, because failure to appear is essentially carte blanche for the foreclosing party to proceed with the foreclosure. Also, if they have one, direct them to contact their attorney for further assistance and advice, or to a pro-bono legal source in your state if they don't (or can't afford one).

At the same time, if one or both of them are working and they are in a position to continue making payments and/or make up the back payments if the terms are adjusted, have them contact their lender and request a loan workout or restructuring. Again, copies of the cancelled checks will provide proof of the payments they made. They'll need to provide documentation of their situation, and if they have any other assets, they may be required to sell these off to settle the bill. However, being upfront and going directly to the foreclosing party indicates a willingness to work with the situation, and may be all that is necessary to forestall the foreclosure judgment.

Good luck! Hope this is helpful.

Regards,
Nicole