Legal Question in Real Estate Law in California

You cannot just counterclaim to a complaint. You must answer or demur, otherwise you will default and will lose the whole case automatically; no trial, no opportunity to present your side. Then, they can just start garnishing wages and bank accounts, etc. Your options? Hire an attorney immediately.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Attorney licensed in California only. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

A cross-complaint is not the same as an answer, or other response. It is a claim against the person suing you. You need to find out if your default was entered by the court clerk, and if it was, you will have to file a motion to set aside the default.

I strongly urge you not to litigate against Bank of America without at least consulting an attorney, as a civil lawsuit against a bank, involving California's foreclosure law, is not a self help project that I would recommend.