How to Prepare Your Foreclosure Answer
Whether you Defend Your Own Foreclosure Lawsuit or decide to hire a lawyer to help, it’s important to know what documents are involved and what to expect if you do hire an attorney. Sample Foreclosure Letters
When you’re served with a foreclosure lawsuit, some type of response is typically due within 20 or 30 days depending on the state you’re in. You can file a Motion for More Time to Respond and/or Motion to Dismiss the Foreclosure Lawsuit if your situation warrants, or file an Answer with Affirmative Defenses and possibly a Counterclaim against the bank.
In keeping with our effort to provide you with each and every tool needed to implement the Foreclosure Options we cover, the Sample Foreclosure Answer below is intended as a guide to preparing your own Foreclosure Answer or working with your lawyer in doing so. As with all of our Sample Foreclosure Documents, you’ll need to modify most of the content to fit your specific situation and comply with the state and local court requirements which can vary significantly from the example provided.
As we’ve stressed throughout the website, hire an attorney if at all possible even if its just for a few hours as a consultant to make sure you’re not missing something important and to help comply with local procedures. If you can’t afford a lawyer, do additional research at your local law library or use the resources provided by your state and county Bar Associations to better understand the court requirements in your state.
Foreclosure Answer- Paragraph by Paragraph Response
Following the top half of the document which is called the “Caption” and contains information on the Court, Case Number and parties involved in the lawsuit as well as the introductory language, most states require a paragraph by paragraph response to each allegation in the foreclosure lawsuit.
The options to respond typically include to “Admit” the allegations if true, “Deny” the allegations if false, and if you don’t know state that you don’t know and then “Deny” the allegation. Don’t lie or stretch the truth, don’t admit something if its only half true and read each numbered paragraph carefully and respond to each one individually. Remember this format may not work in your state so do the research to find out what does work and modify as needed.
Sample Foreclosure Answer
IN THE CIRCUIT COURT OF THE __ JUDICIAL CIRCUIT, IN AND FOR __ COUNTY,___
CIVIL DIVISION
Case No.:_____
____ BANK, Plaintiff,
vs.
JOHN HOMEOWNER, Defendant.
__________________________/
DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES
Defendant (Your Name Here), Pro Se, files its Answer and Affirmative Defenses and as grounds therefore states:
(SAMPLE) ANSWER
COUNT I
1. Without knowledge and Deny. (Admit or Deny based on the allegations)
2. Admit.
3. Deny.
4. Deny.
5. Deny.
6. Deny.
7. Deny.
COUNT II
8.Admit.
9.Admit.
10.Deny.
11.Deny.
12.Admit.
13.Without knowledge and Deny.
14.Without knowledge and Deny.
Defendant denies each and every allegation not expressly admitted herein and demands strict proof thereof
Defendant (Your Name Here) demands trial by jury on each and every issue so triable as a matter of right.
Affirmative Foreclosure Defenses
The next section of the Foreclosure Answer is typically the Affirmative Defenses where you list in numbered paragraphs each of the defenses that may apply to your case. Meet with a lawyer if at all possible to discuss possible affirmative defenses and to find out which if any of the defenses must be raised before filing your Foreclosure Answer. Certain states require you to raise issues related to court jurisdiction and other state specific issues so be sure to check which of your defenses may be better suited or specifically required to be filed before your Foreclosure Answer.
To determine which defenses may apply to your case, review our comprehensive discussion of Foreclosure Defenses for a better understanding of your defenses and then combine the foreclosure defenses that apply to your case with your Foreclosure Answer.
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