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Complaint has been filed for home foreclosure


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Hello everyone. I am back again.

 

We won our case last time with the credit card debt, but I am pretty sure we will not win this one. I recently have found out that my father will be having the home foreclosed due to not being able to pay the property tax. He has property tax debt that back dates to 2010. He owes ~$46,000. This private company bought out the debt from the county and now hold 5 different property liens on the property. Fortunately, the house is paid off, but it's worth around $260k. After spending numerous amounts of time on the phones consulting different lawyers, the BEST option at this point would be to either sell the house before foreclosure or to take out a reverse mortgage and pay off the liens. The later is the preferred method for my parents because they have the equity to do it (their credit score is ~600 so they are unable to pull off a mortgage) to by some time for them to start listing the property for sale. The rate for the reverse mortgage is 2.9%, so it's pretty darn low. 

 

The answer to the complaint is due next Monday. It was filed on 1/5/15, so I have 28 days to respond. (I know, my dad was going to handle the situation on his own until I found out Saturday - he stated he wasn't going to file an answer which I thought was stupid because of the judgments.) In any case, we will pay off the liens with the reverse mortgage in 3-4 months per the mortgage company. My question is - I am going to be denying all of the complaints in my answer. But do I have any affirmative defenses to put in the answer? Or at this point, should I only file the answer and disregard the affirmative defense if we are going to pay them anyways?

 

Thanks!!

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Unless you're a lawyer or have power of attorney, I don't think you can answer for your father.  No affirmative defenses.  And, if that private company paid the taxes, I think they now own the house.  Are you sure you're looking at a foreclosure action and not an eviction?

 

Sounds to me like you need a lawyer...

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The case is a foreclosure. They stated in the complaint that if no money is received by a certain date, that they would list the house for auction, and whatever proceeds is left over after the sale + tax liens would be ours. That's really not the ideal situation for my father though. 

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