How to Answer a Foreclosure suit

If you were served a foreclosure notice, do not let the suit go into foreclosure, without filing an answer to the law suit. Even if you have not paid your mortgage and will leave your home, just filing an answer will delay the law suit for several months and possibly dismiss the banks law suit.

Instructions

1. The Foreclosure process begins with a preliminary notice from the bank that is sent to homeowners that they
   have 45 days to pay their mortgage arrears or a foreclosure will start. That does not mean you have to leave your home, that is a preliminary notice that in 45 days they will sue you.

   The Summons and complaint will be served or mailed to your home, it will have a Court name on the top with the mortgage company being the Plaintiff and you and your spouse being the Defendants.

2. Once you are served the Complaint you will be given 20-30 days to respond to their lawsuit, that is called an Answer. The Answer will respond to the Complaint and the allegations made.

   Many states will have a sample Answer on their Court websites, and you can find them online. For a good sample, even though it is from New York, is the Pro Se answer found here. http://www.sbls.org/index.php?id=349 This one is from Ohio http://74.125.95.132/search?q=cache:3tCw1ZmovcIJ:www.co.tuscarawas.oh.us/Treasurer/How%2520to%2520File%2520An%2520Answer%2520Packet%25202-4-
   08.pdf+Foreclosure+sample+answers&cd=13&hl=en&ct=clnk&gl=us&client=safari

   In An answer regardless of what state you are in you would need to ADMIT OR DENY each and every allegation made in the Complaint.

3. In An answer regardless of what state you are in you would need to ADMIT OR DENY each and every allegation made in the Complaint. To Admit or Deny, in your answer you would state the following

   1. I Deny Plaintiffs allegations 1-21
   2. I Admit to Plaintiffs allegation 22-24

   You should deny as much as you can, since if you Admit to everything their is no defense.

4. The Key allegations or paragraphs to deny is the service, the amount you owe, and that you signed the original mortgage. If you do this the mortgage company will have to prove these documents exist, especially the mortgage document signed by you. Many times the mortgage documents have been lost or missing, and if the bank does not have them the case is dismissed. The same with service, the burden will shift to the bank to prove they served you correctly.

5. You also should claim the following violations and defenses, you would state the bank documents violated TILA AND RESPA.
   TILA and RESPA require certain disclosures. These disclosures are very specific as to what they must contain, when they are/were given to you, how many copies you recieve, if they were signed. If these violations are found the Court could invalidate the entire mortgage.

6. Once you have you denial and defenses stated, you need to sign your name and have it notarized. Make sure you mail a copy to the Lawyers for the Plaintiff and submit the answer to the Court Clerk. Many times the Court Clerk will require you to show evidence you mailed your answer to the Plaintiff, then an Affidavit of Service needs to be submitted, which is a simple form stating you mailed the Answer to their attorneys.

Tips & Warnings

• Respond in time, and go to the Court Clerks for help.

Resources

• SAMPLE NY FORECLOSURE ANSWER
• SAMPLE OHIO ANSWER