Sample Foreclosure AnswerWhether 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 in terms of quality and content if you do hire an attorney.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 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 and/or working with your lawyer in doing so. As with all of our Sample Documents, you'll need to modify most of the content to fit your specific situation and to 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, you can 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 ResponsesFollowing 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 so and then "Deny" the allegation. Don't lie or even stretch the truth, don't admit something if its only partially true and read each numbered paragraph carefully and respond accordingly. Remember this format may not work in your state so do the research to find out what does work and modify as needed. IN THE CIRCUIT COURT OF THE __ JUDICIAL CIRCUIT, IN AND FOR __ COUNTY,___ CIVIL DIVISION Case No.:_____ ____ BANK, Plaintiff, vs. JAMES DOE, Defendant.
DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIM
Defendant ________________, Pro Se, (“___________”) files its Answer, Affirmative Defenses and Counterclaim and as grounds therefore states: ANSWER COUNT I 1. Without knowledge and Deny. 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 _____________ demands trial by jury on each and every issue so triable as a matter of right.
Affirmative Foreclosure DefensesThe 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 section on Foreclosure Defenses for a better understanding of your rights and then use our Sample Affirmative Defenses to combine with your Foreclosure Answer discussed above.
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