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How to File an Answer to a Foreclosure Complaint

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If you have been served with a Summons and Complaint for your failure to pay your mortgage, you need to file an Answer.  An Answer is a legal document and should be prepared by our experienced mortgage foreclosure defense law firm.  The worst thing you can do is ignore the lawsuit.  Ignoring the lawsuit can result in you losing your home without a fight.

 

What is an Answer?

In its simplest form, an Answer is a response to a plaintiff’s allegations in a civil lawsuit.  It can either admit or deny some or all of the allegations and assert defenses or counterclaims.  In so doing, certain legal rights are preserved and it progresses the lawsuit to the next state of litigation.  The failure to file a timely Answer can result default judgment being granted and you losing your home.

 

About our firm:  our attorneys have experience representing distressed families in New York. Our experience spans across three decades.  If you are in need of an attorney to defend you against a foreclosure action, call us today at 800-893-9645 and ask for your confidential consultation.

 

Filing a legally sufficient Answer can help ensure that you are sent all legal notices from the court.  One of the most important notices you will receive is the notice to appear in court for a mandatory settlement conference.   At the settlement conference, you will have an opportunity to engage in a dialog with the plaintiff and attempt to resolve your matter without further litigation. 

 

 

Do not ignore a foreclosure lawsuit.  Even if you are attempting to resolve matters on your own, your failure to respond to a foreclosure lawsuit could result in a default being held against you and you losing your home.

 

How much time do I have to hire your law firm to defend my case?

Depending on how you were served, you may have either 20 days or 30 days to file an Answer.  It is extremely difficult to properly prepare and file an Answer.  You should consult our offices as soon as you are served.  If you contact our office at the end of your filing time period, we may not be able to assist you.

 

 

What are some defenses to a foreclosure complaint?

 There are numerous defenses to a foreclosure action.  Some defenses included but are not limited to: lack of standing, improper service, failure to receive notices.

 

 

What is a verification?

A verification is a statement made under oath stating that your Answer is truthful.  It must be notarized.

 

What is an affidavit of service as it relates to the Summons and Complaint in a foreclosure action?

 An affidavit of service is a legal document filed with your Answer that attests that you provided the Plaintiff with a copy of the Answer in accordance with the law.  It must be notarized.

 

Can your office help me prepare my Answer free of charge?

 No. We recommend that you consult your local bar association and ask for a free legal service provider.

 

Our lawyers have over 30 years of legal experienced.  We can be found fighting foreclosure matters in Westchester Foreclosure Court, Bronx Foreclosure Court, Rockland NY Foreclosure Court, and Putnam NY Foreclosure Court.


Disclaimer: 
This website provides general information and thoughts about various legal issues. You should not construe any content on this site as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our site because the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our site has been updated. This site is not a substitute for competent legal advice from an experienced attorney in your state or jurisdiction.


A General Overview of the Foreclosure Process
Foreclosure Law, Loan Modifications, and Short Sales
Understanding Mandatory Mortgage Foreclosure Settlement Conferences
Foreclosure Defense Glossary