Plaintiff;s atty filed a motion for a foreclosure summary judgement while loan modification app has been pending for a long while, what does it mean "response in 28 days/reply in21 days? what will be the response? i have been representing myself in the court for last 8 months
2 Answers from Attorneys
Get yourself an attorney--Now.
The 28/21 days is what we call a "briefing schedule." You, as the Defendant, have 28 days from the date of the order to respond to the Bank's motion for summary judgment. The bank then has 21 days after you file your response to reply to your response.
Some guidelines, including the updated Dodd-Frank guidelines through the Consumer Financial Protection Bureau, prohibit the bank from proceeding with foreclosure while actively considering the mortgage for a loan modification. Unfortunately, these rules don't always apply, and even when they do the banks don't necessarily follow them like they should.
Ultimately, I agree with Nima Taradji. Get yourself an attorney if you wish to save your home. You absolutely do not want judgment entered against you. If you have any questions please call me and I can assist you further.