Answering a Foreclosure Summons and Complaint Without Hiring a Lawyer

Limited Power Of Attorney Template - 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 retort within the time duration required by the law of your state. Typically, the time duration for filing and serving your foreclosure retort form will be set forth on the face of the foreclosure summons that was served upon you. For example, the time duration 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 either what is called an "answer" or if you have grounds, a "motion to dismiss." In most other states, the time duration for filing an retort is similar.

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Limited Power Of Attorney Template

If you do not serve your retort form within the required time period, a default judgment may be entered against you. If your time duration has already expired, you should not despair. You may still be able to defend your ownership in the lawsuit by filing a petition to enlarge your time duration for answering the complaint. Particularly in foreclosure lawsuits, courts are commonly 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 retort form, it is advisable to hand file your retort 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 retort was mailed to the lender's attorney.

With regard to the substance of your foreclosure answer, it is neither indispensable nor necessarily even beneficial to draft a long-winded, explain discussion of the facts. Rather, it is advisable to simply deny those allegations of the foreclosure complaint that are false, and then briefly set forth the affirmative defenses that are ready to you under the statutory and common law of your state.

If the traditional lender assigned your mortgage (a fairly frequent occurrence) you should strongly reconsider 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 comprise deceptive consumer practices, along with but not little to misrepresentations about interest and other fees at the time that the loan was consummated. You may also wish to verbalize 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 underground attorney, you may find it beneficial to download a sample foreclosure retort form that is tailored to the law of your state. Although such foreclosure response samples or templates are not substitutes for the advice of an experienced foreclosure defense attorney, such forms may serve as beneficial guides for lay persons who are otherwise unfamiliar with the procedural and substantive aspects of mortgage foreclosure.

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