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    kitykatt46's Avatar
    kitykatt46 Posts: 3, Reputation: 1
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    #1

    Oct 26, 2009, 02:43 PM
    How do I oppose a default motion in a foreclosure?
    I'm currently in foreclosure.
    It was a stressful time and I confused the timeframe with filing my answer and filing for mediation.
    I filed my answer late by 8 days.
    I received a motion for default failure to plead.
    Will there be a hearing on this matter? If so, I assume I will be notified by the courts. Will I have the opportunity to explain? Or do I need to draft an opposition and file with the clerk. If so... do I need to file this in person at the courthouse?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Oct 26, 2009, 03:01 PM

    You can file your motion in opposition. Best to file it in person and send a copy to the opposing attorney. The Clerk can advise you right then and there about whether this has been set down for a hearing and when and where.
    kitykatt46's Avatar
    kitykatt46 Posts: 3, Reputation: 1
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    #3

    Oct 26, 2009, 06:37 PM
    Thank you so much! I don't know why I paid 18.00 dollars last night for legal advice from an attorney who said way less than you just did. Has the whole world completely lost it? Is there not any safe place for the honest man anymore?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 26, 2009, 06:40 PM
    Quote Originally Posted by kitykatt46 View Post
    If so, I assume I will be notified by the courts.
    Never assume. You need to be proactive. You need to contact the court and find out the due dates. You need to make sure you get a hearing and know when it is.

    There are a lot of support for people facing foreclosure these days. Ask your local representatives about them.
    kitykatt46's Avatar
    kitykatt46 Posts: 3, Reputation: 1
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    #5

    Oct 26, 2009, 07:08 PM
    Thank you. I thought I was until I read your response. Your 100% right. I'm learning that it's been my nieve way that's perhaps gotten me to this place to begin with. I should have been more pro active in communicating with them before it got un- manageable. But how easy that is in today's day.
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