Legal Question in Real Estate Law in Indiana
I recently received a home modification agreement with my mortgage her. I made the first payment as requested on the date listed on the paperwork. I made the payment through Western Union to ensure I have a receipt of delivery. Then five days later I received a summons from lawyers representing the mortgager. I called the number on the paperwork of the lawyers and he advised me that I didn't need to worry about it, that there was a miscommunication between the bank and their office is really bad and to continue making my modification payments as directed. I did call the bank and they stated that I am in the modification program as far as in their system� However, I am not comfortable taking that attorney's word over the phone that I don't need to respond to the summons. Do I need to respond to the summons? And what should I do to protect myself having?
1 Answer from Attorneys
It's never a good idea to rely on oral communications. You should confirm all of your conversations in writing, preferably by certified mail, so that you had a record of what was said and with whom and on what date.
You should respond to the summons because until the lawsuit is done someone could forget what they told you and take a default judgment against you.
If possible, you should really seek the assistance of an attorney to clear this up for you.
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