Q: I need to quickly file a pro se motion to enlarge on my foreclosure summons. Don't want to leave anything out. Help!
A: Just answer the complaint by admitting those things which are not in dispute and denying those things which are in dispute. The amount owed is usually a good thing to deny because it might be totally inaccurate. One recent matter that has come up in the courts is the acceleration clause in most mortgages. If no notice of acceleration was given, the bank has not performed all conditions precedent. In order to advise you correctly, any attorney would need to see the complaint and all attachments.
A: Try calling the opposing counsel to see if they oppose your motion to enlarge the time to respond. Usually, they won't oppose it. If they don't oppose it, you can prepare a sipulated order and ask the judge to sign it. If you are living in the home and don't have an attorney, most of the larger banks will be agreeable to this.
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