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Old 03-21-2002, 05:31 PM
trish91870
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Foreclosure


We are currently on a forbearance plan with our mortgage company. We live in Ohio and the Company is in Texas. We have been on the plan since January and have been following it accordingly. We are not in default at all. We received a summons that was filed on 3-12-02 for forclosure. The mortgage company says that it is a mistake, that we did not default, and they made an error by filing it with the court systems. We have spoken to thier attorneys and they claim that it is on hold, and that we dont have to respond to the summons if we dont want to. That eventually it will be dismissed. However, our clerk of courts says that we must respond or we could have the judgement against us. Our mortgage company is continuing to reassure us that it is thier mistake and that our house will not be taken away as long as we continue to make our payments to them on time, which we have. We would like to know if they can legally file for forclosure if we are on a forbearance plan and if we are not in default. We also would like to know what we should do. We have 28 days to respond to the summons and we are unsure how to do that as well. Should we get an attorney and will our mortgage company be responsible for the fees?
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Old 03-21-2002, 06:24 PM
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Location: Catatonic State
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If you do not get proof within 5 days ie. by receipt of a certified stamped court copy of the foreclosure complaint dismissal, hire an attorney to answer the complaint.
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