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how to reply to a Summons for foreclosure

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daddyzaring

Junior Member
What is the name of your state? Kansas

We received a summons from our mortgagae company, saying that we are way behind in payments, and they want to foreclose. At the time we got the summons we were up to date on payments. They have been bothering us for months trying to tell us we are behind. We have tried talking to them but they do not listen. They have sent people to our home trying to collect, and one time I even had to call the police to get the guy to leave. I have documentation (ie. bank statements, and statement from mortgage company) for the last 12 months showing it has been paid. I was told we need to fill out a form to reply, and send it to the mortgage companies lawyer, and the court clerk. I have no idea where to get this form, and we cannot afford an attorney.
 


HomeGuru

Senior Member
daddyzaring said:
What is the name of your state? Kansas

We received a summons from our mortgagae company, saying that we are way behind in payments, and they want to foreclose. At the time we got the summons we were up to date on payments. They have been bothering us for months trying to tell us we are behind. We have tried talking to them but they do not listen. They have sent people to our home trying to collect, and one time I even had to call the police to get the guy to leave. I have documentation (ie. bank statements, and statement from mortgage company) for the last 12 months showing it has been paid. I was told we need to fill out a form to reply, and send it to the mortgage companies lawyer, and the court clerk. I have no idea where to get this form, and we cannot afford an attorney.

**A: you need an attorney. Sell your computer and hire one.
 

daddyzaring

Junior Member
You know an attorney that will work for maybe $25.00, if I was lucky, I might be able to get that much. Computers aren't as valueable as they used to be, especially when they are almost ten years old, and barely work. Lawyer seem to keep their value pretty good though, and then some.
Any one with some helpful advice?
 

LindaP777

Senior Member
daddyzaring said:
At the time we got the summons we were up to date on payments.

Are you currently behind in your payments (One can kind of read into it that at the time of the summons you were up to date, but now are behind.)
Have you previusly been behind in payments?
Is it a local bank (can you walk in and ask to speak with the manager?)
 
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HomeGuru

Senior Member
LindaP777 said:
Are you currently behind in your payments (One can kind of read into it that at the time of the summons you were up to date, but now are behind.)
Have you previusly been behind in payments?
Is it a local bank (can you walk in and ask to speak with the manager?)

**A: Linda, it is beyond that stage of talking to the manager.
 

daddyzaring

Junior Member
We may have gotten this last months payment out late. Yes, it has been late before, but has been caught up, including late fees. All I really need to know right now is how to reply to the summons to deny their claim.
They are now saying we owe 3 months, including the upcoming month. They have still been calling, and coming to the house, but they haven't been as bad as they were. they were callingseveral times a day, and one of the times that they sent someone to our house we had to call the police, because the guy was beating on the house, and would leave.
Also, it is'nt a bank, it is Greentree Financial.
 
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