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Get More Time to Respond in Court
Get More Time to Respond in Court
If you have been served a foreclosure lawsuit and need more time to evaluate your options, file a “Motion to Extend Time.” This motion will buy you an additional three weeks or so to gather your thoughts and evaluate your defenses.
It is a document (an example is included in the Downloads page), that is filed in court asking the judge to permit you more time to file an “Answer” or “Motion to Dismiss.” These are almost always granted, but if they are not granted within the period to file a response, then it may be deemed denied for appeals purposes.
Keep in mind that it is absolutely critical that you either file this motion, an “Answer,” or a “Motion to Dismiss” within the time period required by your state’s rules of procedure.
Usually, the cover page to the complaint will tell you how many days you have. Most states permit about 20-30, but you should call your Clerk of Courts to make sure. Use the formatting used in the lender’s lawsuit instead of what you see here.
An example motion can be found in the "Downloads" link. If you have questions about how many copies to file, call the Clerk of Court and ask. They will be able to help you with the filing process, although they won't be able to provide you legal advice.
Also note that many legal aid organizations offer free pro-se filing packets that you can use to file the appropriate forms in your jurisdiction. Google "legal aid" and your city to locate the closest, or call your local bar association. The local bar association may be able to provide you their contact informaiton, or suggest other resources to help. You may also want to review 23 Legal Defenses to Foreclosure, available by clicking here.