If you are served with a summons and complaint for foreclosure, this means the bank has filed a lawsuit against you. Even if you don’t want the home and just want to give it back to the bank you should file an answer.
How much time do I have?
You have twenty (20) days to file your answer. The 20 days start with the day after you are served.
You must respond even if:
- you are talking to your lender to try to work out a deal or get a modification
- your lender says you don’t have to respond
- you have scheduled a mediation
What if I do not respond or do not meet the deadline?
If you don’t file an answer to the foreclosure complaint within 20 days after being served, the court will enter a default against you, allowing the foreclosure to proceed without any further notice to you from the court or your lender.
There are some limited circumstances where a default may be challenged. Contact your local legal aid office immediately if you do not understand the response time frames or if you receive a default judgment and you have not previously been notified of the law suit.
What do I say in my answer?
Do Not write a letter to the court explain how you got into this situation.
Do Not make admissions about the loan.
Do respond to each numbered paragraph in the complaint with an Admission or Denial.
If you denied something, you DO NOT have to explain why you disagree.