If I have been served foreclosure papers, how do I write an answer to the court?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I have been served foreclosure papers, how do I write an answer to the court?

I have no money for an attorney; I am nearly destitute.

Asked on August 22, 2011 Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The complaint is the lawsuit attached to the summons.  At the law library, look for answer to complaint in the index of Pleading and Practice.  This will give you the general format for an answer to a complaint. Ask the law librarian to help you find an answer to a complaint in your particular type of case if it is available.  There might not be anything that specific. The answer denies the allegations in the complaint.  At the end of the answer is the verification which should be included.  The veriification attests to the truthfulness of your statements in the answer.  You  date and sign the verification under penalty of perjury.  Attach your documents to a proof of service and file with the court.  The proof of service verifies the date of mailing to the opposing party.  You can either use a court form proof of service or you can write your own.  If you write your own proof of service, it just says that you are over 18 and the attached documents were sent via first class mail unless specified otherwise to ____________ (name and address of opposing party) on ________ (date).  You sign and date at the bottom.  The date you sign should be the same as the date of mailing and the same date you file your documents with the court.

If the answer to the complaint is not filed with the court by the deadline stated in the summons, the opposing party will win by default and a default judgment will be entered against you.  If that happens, you will need to file a motion to set aside the default.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Are the foreclosure papers that have been served upon you for a non-judicial foreclsoure or a judicial foreclosure on you home? If the papers are for a judicial foreclosure (there will be a court number assigned to the action in the county of Florida where the property is located) you will need to file an answer to the proceeding with the court clerk where the action is venued.

To get the form for such answer, you need to either go online to find a format for the answer or go down to your county law library and ask the librarian for assistance in getting a template for you to do an answer. There will be a filing fee for the answer that you will have to pay.

If the foreclosure is a non-judicial foreclosure (no court case filed), and if you wish to try and stop the proceeding, you will need to file a complaint against the lending institution seeking to foreclose upon your property stating the reasons for the request, file the complaint with the court where an injunction stopping the foreclosure is requested. You will need to serve the complaint upon the lending institution as well. There is a filing fee for the complaint.

The format for the suggested complaint can either be obtained online or at your county law library.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption