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How do you file an 'answer' to a mortgage foreclosure summons?

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Wiki User
July 07, 2009 12:28AM

A summons for a foreclosure is a lawsuit by the plaintiff/lender against the defendant/borrower. All civil suits are basically the same and therefore the process of filing an answer or "first pleading" by the defendant is the same. Read the summons very carefully and then respond to each paragraph either as being in agreement or disputing the claim for whatever valid reason you may have. For example, if you have made all the payments in the prescribed manner of the mortgage contract and the plaintiff is claiming a default due to non payment, you dispute that charge on the grounds that you have proof of payment. DO NOT, make a claim that is not true and/or cannot be substantiated. File a copy of your response within the required time limit with the clerk of the court and the plaintiff's legal counsel by means of a certified letter with receipt requested. In some states it is also necessary to file an answer of appearance with the court issuing the summons. You can go to SummonsReply.com to get help if you are trying to write an answer on your own. The site will provide you with a template and an example of an answer to a summons written by a certified lawyer, which will guide you to write your own answer in order to stall foreclosure.