We received foreclosure papers from the court with 20 days to respond. Our home has been in rerview for modification with this bank for over a year. Every two to three months we are given a different specialist in charge of our modification and have to send in all the information over again. Now they have filed a foreclosure suit against us. How do we respond to the court and the attorney that filed this? The specialist for the bank said we just have to tell them that it is in review for modification and give them her name and phone number. Is it really that simple?

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Originally Posted by credo45

... The specialist for the bank said we just have to tell them that it is in review for modification and give them her name and phone number. Is it really that simple?

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No, it isn't. If you are delinquent in your mortgage payments the bank can foreclose. Whether it will agree to a modification or not is their choice; generally they are not required to consider it. Therefore it wouldn't hold off the foreclosure.

The question I was asking was how do I respond to the summons? I have 20 days to do so and the specialist for the bank says to just tell them that my mortgage is in review for modification and to give them her name and number, but I think I have to answer more than that. How do I respond to 802 foreclosure statutes when writing to the judge and lawyer?

First, to post a follow-up, use the Answer box, not start a new thread. I've merged the two threads.

Under new laws, they may be required to offer a modification. That doesn't mean they can't start the foreclosure process.

I would keep the response simple. Do what the specialist said and attach copies of all your documentation.

Do you have sample letters written to the court? This is all very confusing and we simply can't understand the jargon in the statute 802.We live in Wisconsin if that matters at all. Are you an attorney?