In an answer to a foreclosure case, do I have to file the answer in court or mail to the plaintiff’s attorney?

UPDATED: Sep 30, 2022

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In an answer to a foreclosure case, do I have to file the answer in court or mail to the plaintiff’s attorney?

I am paying the requested amount so I wish to include in my answer that the

plaintiff should be denied the right to foreclose on my property, on the basis that I have mailed the payment requested. Do I even have to file the answer? This is a judicial foreclosure.

Asked on February 11, 2017 under Real Estate Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have to file the answer in court and also send it to the plaintiff's attorney. Once a complaint is filed and served on you, if you fail to file an answer, you will lose by default, even if you have a good defense.

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 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.

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