Bank wants property, nothing else,

[fatboy]

We received our foreclosure summons last week, and it states they ( the bank) only want the property, our bankruptcy was discharged in 08, and they are not seeking any judgement. We want to give up the house. We spoke with an attorney, and he suggested we write a response to the summons ( so we don't have to pay him to write it).
Anyone have any examples I can use to base my letter on?

[justbroke]

Why even respond to the summons? I don't understand. Just contact the attorney for the bank (listed on the summons) and inform them that it will be uncontested and that you're interested in Cash for Keys.

[fatboy]

Why even respond to the summons? I don't understand. Just contact the attorney for the bank (listed on the summons) and inform them that it will be uncontested and that you're interested in Cash for Keys.

Our attorney says that if we do that, it will accelerate the process, and we might need to be out in 90 days, and we were hoping for a little more time. Also, I thought you had to respond in writing, not just by phone. Is that not correct?

[jlmaca]

Our attorney says that if we do that, it will accelerate the process, and we might need to be out in 90 days, and we were hoping for a little more time. Also, I thought you had to respond in writing, not just by phone. Is that not correct?

If your goal is to stay in the house as long as possible I'd definitely respond to the summons. Some states are required to send along with the summons an "answer" where you fill in the blanks and send it along to the court in their "self addressed envelope" I got one of these. This leads to automatic mediation. I don't know the process in your state but I'd start with a phone call to a local community legal association that offers free services. They usually have available a "standard" answer format to get you going.

[justbroke]

Our attorney says that if we do that, it will accelerate the process, and we might need to be out in 90 days, and we were hoping for a little more time. Also, I thought you had to respond in writing, not just by phone. Is that not correct?

Oh, you're trying to delay the sale! I didn't know that. If you're trying to delay the sale, you can respond, but it has to be responsive and deny things. You can't just say "I want proof" or anything else "non-responsive". It must be factual and based on some law which would provide you relief.

Otherwise, they can STILL just file a motion for summary judgment and claim that your response was either non-responsive or has no foundation in the law under which the court should hear you.