Legal Question in Real Estate Law in California

I am being sued by the BofA over the foreclosure of our home. I have maintained that they have not been honest with us and led us around with mis-information. I have filed a counter claim in the courts against theirs but have just received a "request for Entry of Default".....What are my options?


Asked on 9/27/10, 9:55 am

2 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

You cannot just counterclaim to a complaint. You must answer or demur, otherwise you will default and will lose the whole case automatically; no trial, no opportunity to present your side. Then, they can just start garnishing wages and bank accounts, etc. Your options? Hire an attorney immediately.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 10/02/10, 10:15 am
Anthony Roach Law Office of Anthony A. Roach

A cross-complaint is not the same as an answer, or other response. It is a claim against the person suing you. You need to find out if your default was entered by the court clerk, and if it was, you will have to file a motion to set aside the default.

I strongly urge you not to litigate against Bank of America without at least consulting an attorney, as a civil lawsuit against a bank, involving California's foreclosure law, is not a self help project that I would recommend.

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Answered on 10/03/10, 5:04 pm


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