June 18, 2010
A South Carolina court has relieved a couple from default status which they claim was wrongfully sought and obtained as they timely filed Motions directed to the Complaint per the instructions on the very Summons served upon them by the foreclosing Plaintiff. Although the South Carolina Rules of Civil Procedure provide only 15 days to respond to a Complaint, the Summons contained a 30-day response provision, which the pro se borrowers relied upon. The Plaintiff sought and obtained a default based on the 15-day procedural rule provision notwithstanding Plaintiff’s own Summons providing 30 days, and thereafter blocked the borrowers’ discovery requests based on the alleged default status.
FDN attorney Bill Sloan, Esq. filed a Motion seeking to set aside the default, which Motion has been granted. The ruling held the Plaintiff to its affirmative representations in its own Summons. The case now progresses into discovery.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com