Answering a Foreclosure Summons and Complaint Without Hiring a Lawyer

Foreclosure - Answering a Foreclosure Summons and Complaint Without Hiring a Lawyer

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If you have been served with a summons and complaint for foreclosure, it is leading that you file and serve an write back within the time period required by the law of your state. Typically, the time period for filing and serving your foreclosure write back form will be set forth on the face of the foreclosure summons that was served upon you. For example, the time period for responding to a foreclosure complaint in Florida is 20 days. This means that within 20 days after you are served with the foreclosure paperwork, you must file whether what is called an "answer" or if you have grounds, a "motion to dismiss." In most other states, the time period for filing an write back is similar.

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If you do not serve your write back form within the required time period, a default judgment may be entered against you. If your time period has already expired, you should not despair. You may still be able to defend your rights in the lawsuit by filing a motion to increase your time period for answering the complaint. Particularly in foreclosure lawsuits, courts are generally liberal in vacating defaults. In most jurisdictions, there is a strong presumption in favor of adjudicating lawsuits on the merits, rather than granting victories to plaintiffs based on procedural defects or other technicalities.

With regard to the filing of your foreclosure write back form, it is advisable to hand file your write back with the court clerk. Make sure to take at least 2 copies to the courthouse, so that the clerk can stamp a copy for your records. This ensures that you have proof that your papers were filed with the court. You should also bring proof that a copy of your foreclosure write back was mailed to the lender's attorney.

With regard to the substance of your foreclosure answer, it is neither important nor necessarily even useful to draft a long-winded, explicate consulation of the facts. Rather, it is advisable to plainly deny those allegations of the foreclosure complaint that are false, and then briefly set forth the affirmative defenses that are available to you under the statutory and common law of your state.

If the customary lender assigned your mortgage (a fairly frequent occurrence) you should strongly consider raising, as an affirmative defense, the allegation that the plaintiff lacks "legal standing" to bring a foreclosure complaint. In responding to foreclosure, you may also wish to raise, as affirmative defenses, any misconduct of the lender and/or its assignee. This may consist of deceptive consumer practices, including but not diminutive to misrepresentations concerning interest and other fees at the time that the loan was consummated. You may also wish to speak that the plaintiff failed to provide notice, required under state law, prior to commencing a foreclosure lawsuit against you.

If you are unable to afford the services of a incommunicable attorney, you may find it useful to download a sample foreclosure write back form that is tailored to the law of your state. Although such foreclosure response samples or templates are not substitutes for the guidance of an experienced foreclosure defense attorney, such forms may serve as useful guides for lay persons who are otherwise unfamiliar with the procedural and substantive aspects of mortgage foreclosure.

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