Q: Do I have to file a response to my foreclosure summons if I am in the process of a home modification?

A: No, you have to retain counsel to handle this matter for you. If you don't retain an experienced mortgage foreclosure defense attorney, the results will be disastrous for you! All residential mortgage foreclosures follow 2 tracks. A Banking track and a legal track. Both move forward separate and independently of each other. To properly and fully explain this, would take well over an hour. Under both the Dodd-Frank Act & the Consumer Financial Protection Bureau rules and regulations, once a lender has a FULL and complete loan modification application in its possession, then the lender is supposed to direct its attorneys to "put the foreclosure on hold for up to 60 days. But this frequently does not happen and the Judges do not uniformly adhere to this. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced mortgage foreclosure defense attorney.

A: I suggest you have someone review your loan modification numbers to go over the probability of you being accepted for a loan modification.

For instance if you had a 3.75% loan and the bank is now offering 5% loans there is a good chance you will be denied a loan modification as your payments would increase and make the loan more difficult to pay back.

Talk to an attorney to go over all of your options before you decided to do anything or not do something. Be informed of your options.

A: Your case worker at the lender is a liar. Any time you receive a Summons and Complaint, you can never ignore it, especially in a foreclosure case. You need to retain the right type of attorney right away, like tomorrow. Only a mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation. You need to retain the best mortgage foreclosure defense and bankruptcy attorney you can afford. You should not be restricted by geographic factors. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.