Legal Question in Real Estate Law in Wisconsin

I was served a consumer replevin for my mortgage/promissory note for my mobile home. I have already made the paid the past due amounts that I was behind. How do I protest this summons in court?


Asked on 12/03/12, 4:52 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Even if you later catch up on vehicle payments, once you have defaulted under the terms of your note, the bank may still have the right to repossess a vehicle, including a mobile home. You therefore may not be allowed to later cure the default and could still lose your home unless you protect yourself by hiring an attorney. The only court which is likely to be able to stop this process when facing a determined lender, is the bankruptcy court, which temporarily freeze the repossession and allows you an opportunity to cure the default under a chapter 13 plan over an extended period of time. Chapters 13�s, however, are complex proceedings which require substantial preparation time by the law office. You therefore need to proceed as soon as possible to start this process, since it may become a real challenge to get the chapter 13 filed in time to halt the repossession before you lose your home. My answer does not automatically make me your attorney, so you need to consult with your own attorney before acting upon any of my comments and may contact my office at 333 Main St, Racine, WI 53403, 262-633-3090, during business hours, or see me on the web at www.jayknixonlaw.com. Also see over 15 years of my previous answers to consumer questions at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixonAttorney answers may contain advertising materials.

Read more
Answered on 12/07/12, 5:47 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Wisconsin