Example of "Answer to Foreclosure Complaint"
Note: This information is given for educational purposes only and is not intended as legal advice. It is recommended that you seek the advice of legal counsel in your state.
Question: I was served notice of a foreclosure complaint against me. I can't afford an attorney - How do I file an answer?
Answer: It is best to have a professional assist you but sometimes that isn't feasible. You can ask for help from the court the notice was filed in or you may be able to find a copy of a similar answer on public record and use it as a template to create an answer yourself. The legal notice you received will typically have instructions on where to send your answer. It will usually have a short time deadline also. You will typically be required to send a copy to the lenders attorney. You can usually file your answer at no cost at the courthouse (by mail or in person) It is a good idea to send or take two copies for the court to stamp so you will have a copy for your records. Contact the court listed in the complaint for exact instructions. Be sure to act quickly - the deadlines for filing an answer are usually 20 days from reciect or less.
If you have fallen behind on your mortgage payments, it is important to understand that the foreclosure process may not stop while you are negotiating with your lender to work out a loan modification, short sale or other arrangements.
Even if you are already in the process of working out a solution with your bank, you may receieve formal (legal) notice that the foreclosure process has begun. The following is an example of an answer to foreclosure complaint:
IN THE CIRCUIT COURT OF THE SIXTH
JUDICIAL CIRCUIT IN AND FOR
FLORIDA GENERAL JURISDICTION DIVISION
IN THE CIRCUIT COURT OF THE SIXTH
CASE NUMBER: 10-67534 CI
Plaintiff(s): US BANK NATIONAL ASSOCIATION AS TRUSTEE
Defendent(s): John Doe, Sr ET AL
Re: 4782 MAIN STREET NORTH
Altamonte Springs, FL 32701
DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES
I, the Defendant, as and for my Answer to the Complaint, state as follows:
1. I admit that I signed a note and mortgage.
2. I am without knowledge as to whether the Plaintiff is the lawful holder of the Note or
the Mortgage. Therefore, I deny the allegation.
3. I am without sufficient knowledge as to whether the amounts demanded as amounts due
are accurate. Therefore we deny the allegation.
4. I admit receiving a default notice. I am witout knowledge as to whether the default notice is lawful.
Therefore, I deny that the default notice is lawful.
I deny that the Plaintiff should be able to foreclose on my home for the following reasons:
I have requested that the lender allow me to participate in the borrower assistance programs currently available to me.
REQUEST FOR MEDIATION
I, the defendent, respectfully request the Court dismiss the Complaint or in the alternative, order mediation in the above referenced case and or allow me the opportunity to further pursue a loan work out with the lender as an alternative to a final judgment of Foreclosure Sale of the property located at
4782 MAIN STREET NORTH Altamonte Springs, FL 32701
Or, in the alternative, set this matter for a hearing, and for such other and further relief as this Court deems just and proper under the circumstances.
I swear that the information contained in the foregoing Answer is true and correct to the best of my information and belief.
John Doe, Sr
WITNESS MY HAND AND SEAL OF THIS COURT ON _____________________
CERTIFICATE OF SERVICE
A copy of this Answer was served upon Plaintiff's attorney at the following address: Law Offices Of David J. Smith, P.A; 900 South Oak Road Suite 000; Plantation, FL 33000-30000 by ordinary U.S. Mail, this 8th day of April 2010, and upon the Defendants at the address(es) listed in the Complaint.
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