Im trying to get a legal advice about a foreclosure question. we need to know what a motion for default means.
Question by Gloria J: Im trying to get a legal advice about a foreclosure question. we need to know what a motion for default means.
we claimed chapter 7 2 yrs ago. but we still made the house payments until they raised them.. We tried to get help from bank they would not help ask our attorney he said dont worry we don’t owe anything on the house… But we recieved a letter in the mail to appear in court for a motion to default. we don’t know what that means and if we have to appear with money or not.
Best answer:
Answer by halfzeimer
Find a new attorney, and quick! I always thought a motion for default was to grant everything to the plaintiff (the bank in this case) without a trial. That doesn’t sound like everything is OK to me.
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Filing a motion is like giving a note to the court system telling you and the others about a situation that will go before a court clerk or administrator and maybe go further up to a another level depending on the legal system where you live. Look for a Law dictionary at your library or bookstore. Its English but language that is known by the legal professionals.
A motion for default is filed when the respondent (that’s you) does not respond to the action for foreclosure. If a motion for default is granted, the bank’s foreclosure petition will likely be granted. Call your attorney and fax him the notice you got in the mail. If he will not help, please see another attorney. If a default is entered, it is difficult to “undo” it.
If all else fails, go to the hearing and ask the judge for an opportunity to hire an attorney. You need help against the bank who probably has lots of attorneys. Whatever you do, don’t just “not show up”. A default will be entered if you do not show up. Good luck!