QUESTION

I have received motion for entry of default judgment on my property which i could not afford to pay for the last 6 month, if I don''t answer,

Asked on Feb 10th, 2012 on Real Estate - Indiana
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Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
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You have provided inadequate information for a comfortable response.  I will assume that you have financed the purchase of your property and that your lender has secured its loan with a mortgage or Deed of Trust.  I will assume further that you have defaulted in the payments and that the lender has filed suit in court to foreclose on its lien.  I will assume further that you do not have an attorney and have not responded to the suit and so now the lender's attorney has filed a motion for a default judgment. If my assumptions are correct, the motion will be granted if you do not answer it by a proper filing in court showing cause why the judgment should not be granted.  It is likely that the only reason that could stop the entering of the judgment would be a showing that you could pay the debt (or, if the loan documents permit it, that you could bring the payments current).  If you cannot stop the entering of the judgment, in due time the judgment will be entered and the lender's attorney will send you a notice to vacate the property.  If you do not, then eviction proceedings will begin. All this seems, perhaps, cold and heartless when a debtor has lost a job, or lost income or for whatever reason, is unable to make payments.  But the lender made the loan with an agreement that the loan would be repaid according to a specific schedule and, if that schedule is not maintained, it can attach the property in lieu of receiving the payments.  You should also keep in mind that, following a successful foreclosure, the property will be sold.  If it does not generate enough money to pay off your loan, the lender will almost certainly have the legal right to sue you for any deficiency.  It is recommended that you confer with a good real estate attorney and see if reasonable terms can be worked out to either avoid the possibility of a deficiency claim -- or to minimize it.  If you have not heretofore tried to communicate with your lender and work something out, probably the worst thing you can do at this point is to simply ignore the proceedings.
Answered on Feb 10th, 2012 at 6:55 PM

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