summons response

[deaninflorida]

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

I have been served a summons that my mortgage company needs to re-establish a new promissary note because they cannot locate the original or it has been lost and/or destroyed during their acquisition. Does this work in my favor to stave off foreclosure during short sale?

Also, does every numbered item in the Count against me need to be addressed if I am responding myself to the summons?

[tranquility]

See an attorney. It is an extremely technical area of the law, but there is a big problem with the resale of loans and the like that are in foreclosure right not. The "clearinghouse" (without getting too technical) has not always been providing proper paperwork in the home loan market and many holders of the notes don't actually have legal proof of such.

Again, it's technical and you can't do it on your own, you need an attorney. However, you may be able to delay the inevitable.

[HomeGuru]

Originally Posted by deaninflorida

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

I have been served a summons that my mortgage company needs to re-establish a new promissary note because they cannot locate the original or it has been lost and/or destroyed during their acquisition. Does this work in my favor to stave off foreclosure during short sale?


**A: no since the mortgage itself is recorded on title, the actual note is a minor matter. The big issue is that you are in default.



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Also, does every numbered item in the Count against me need to be addressed if I am responding myself to the summons?

**A: even if this is the initial complaint, then the proper procedure is to answer each and every count.

[deaninflorida]

Originally Posted by HomeGuru

**A: even if this is the initial complaint, then the proper procedure is to answer each and every count.

How would I respond, for example to a count of:

1. This is an action to establish a promissory note under etc**************.

I had nothing to do with them losing the paperwork. What are typical response words.

[tranquility]

1. affirm
2. deny
3. Lacking sufficient information or belief, deny.