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wrkinaml · Apr 13, 2014, 08:40 PM

I have just been served a summons, (The Complaint which states , FORECLOSURE OF MORTGAGE-30404, MONEY JUDGEMENT-30301 & REPLEVIN-30304) It also states I have twenty days to respond with a written answer,as that term is used in chapter 802 of Wisconsin statutes, to the complaint. I would like to know how this is done correctly. Thank You JOHN

AK lawyer · Apr 14, 2014, 06:59 AM

It's done correctly by hiring an attorney licensed to practice law in Wisconsin and having her or him do it.

I believe Chapter 802 of Wisconsin statutes is their version of civil procedure. Look these statutes up and see what they say.

Replevin? Is this a chattel mortgage on a mobile home perhaps?

wrkinaml · Apr 14, 2014, 07:18 AM

No not a mobil home , a two bed. 1 bath ranch on 3.56 acres. On my summons, first claim ( monetary judgement- promissory note ) second claim,( monetary judgement- continuing guaranty) third claim,( mortgage foreclosure) p.s. If I had money for an att. I wouldn't be in this situation!

AK lawyer · Apr 14, 2014, 07:36 AM

Originally Posted by wrkinaml

No not a mobil home , a two bed. 1 bath ranch on 3.56 acres. On my summons, first claim ( monetary judgement- promissory note ) second claim,( monetary judgement- continuing guaranty) third claim,( mortgage foreclosure) p.s. If I had money for an att. I wouldn't be in this situation!

I understand. But I was I was answering your request for information on "... how this is done correctly".

I work for a law firm (albeit in a state other than yours) which, for the most part, specializes in mortgage foreclosures. It is possible to delay foreclosure to some degree, but if you are in default of your mortgage chances are the foreclosure will happen. So whether you file an answer "correctly", or not (or don't file anything at all, for that matter) probably won't make much difference in the long run. The best advice is to call an attorney specializing in foreclosure defense and see if he or she can help you. It won't hurt to ask.

wrkinaml · Apr 14, 2014, 07:42 AM

Originally Posted by AK lawyer

I understand. But I was I was answering your request for information on "... how this is done correctly".

I work for a law firm (albeit in a state other than yours) which, for the most part, specializes in mortgage foreclosures. It is possible to delay foreclosure to some degree, but if you are in default of your mortgage chances are the foreclosure will happen. So whether you file an answer "correctly", or not (or don't file anything at all, for that matter) probably won't make much difference in the long run. The best advice is to call an attorney specializing in foreclosure defense and see if he or she can help you. It won't hurt to ask.

But I have someone who is interested in buying

AK lawyer · Apr 14, 2014, 07:48 AM

Originally Posted by wrkinaml

But I have someone who is interested in buying

Contact the bank, explain the possibility of a short sale or re-finance, and see whether they want to work with you.

ScottGem · Apr 14, 2014, 07:53 AM

Originally Posted by wrkinaml

But I have someone who is interested in buying

Are they willing to pay enough to cover the balance of the mortgage? If so, approach your lender, tell them you have a buyer who will cover what you owe and ask for some time to complete the sale. It would be better if you have a contract for the sale of the property to verify the sale.

But, as AK said, unless you can bring the mortgage up to date, the foreclosure will go through.

If the buyer is looking for a short sale you will have to get approval from the lender.