Legal Question in Real Estate Law in Iowa

Legal Question

My home is currently in foreclosure -- no sale date yet. I have received notice from the attorney representing my mortgage company stating that I have 10 days to file a response. However, my mortgage company is currently reviewing my loan for modification (the 'Making Homes Affordable' plan). What I need to know is, because my loan is being reviewed and will hopefully be modified, do I still need to file a response to the clerk of court? I do not want to fail to do so if needed; however, since I did have to pre-qualify to have my loan reviewed for modification, my hope is that the foreclosure will not actually go through. Please help!


Asked on 7/02/09, 10:20 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Legal Question

I would suggest contacting an attorney to assist you with a response to the foreclosure petition. There may be things the lender did wrong. If you do not respond, a default judgment will be entered against you. If your modification does not work out, you may have lost any possibility of asserting any defenses to the foreclosure.

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Answered on 7/03/09, 11:41 am


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