Foreclosure Summons.

[heyu]

How does one answer a foreclosure complaint, does one deny all complaints or does one simple agree as all points in the complaint are true, isn't that just as not answering the complaint at all. Some help would be appreaciated here, also time is limited as I only have 20 days to answer.

[justbroke]

The basics are that you respond to each allegation... truthfully. Usually this is paragraph for paragraph... e.g.

Respondent agrees with items #1, 4, 5, and 7-9 in the complaint. Respondent does live at 123 main Street, does leave the dog outside on a leash, and does walk the dog daily. Respondent also agrees that it's sunny in the summer and that it rains sometimes too.

Respondent disagrees with item #2 because the dog shed is not in my yard, it's actually in the neighbors yard.

Respondent disagrees with item #3 because the dog isn't mine either, it's actually the neighbor's dog.

Respondent disagrees with item #6 because my dog is a Chihuahua and the dog alleged in the complaint is described as a Pit Bull Terrier.

However, you may find other technicalities with it. Did they spell your name right? Are they saying you didn't pay all your payments, when you did? Is the address correct? Did they even record the deed? Are your initials on the bottom of the page accurate (I found a problem on mine. I always sign my initials a very particular way with a sort of trademark loop. These initials weren't on my Note! However, other documents in the loan package had them. Therefore, I questioned the authenticity of my initials on the pages and basically stated that I don't initial things that way and they can check ALL the other documents and see as much).

Other than that, I don't know what else to tell you. I'm in BK now, so... doesn't matter as I'm surrendering that house anyhow.

The most important part of the summons process is ANSWERING it. That will always buy you more time in your house. You do not want it to foreclose BEFORE you file for Bankruptcy. In very very very limited cases has someone saved a home after it sold on the courthouse steps. (The limited cases are where the deed isn't actually recorded before the BK is filed. Some States can take 3 days before the purchaser gets a recorded deed.)

Don't take any chances. At least respond... and note that in many States, you only have 20 days after you've been served. Don't do like I did. My response landed at the Courthouse the day that the Mortgagor asked for a default (summary) judgment!

[AngelinaCatHub]

Yes always respond. Read carefully, and as you are giving up the house, let them have it and the truth is important. You cannot afford it, period. Watch any language that you do not understand, but for the most part, it is on the up and up. If you do not respond, whatever they say or accuse you of, will be applied as a Judgment against you and for them.

[heyu]

Thanks for the replies but to be specific, the complaint is all true and the note and mortgage contract is attached, all initals are correct, should I even bother to answer or should I, will it make any difference answering or not, I would have to answer truthfully meaning that I would have to agree with everything that is on the complaint, if I agree with everything on the complaint in my answer would that by answering give me more time before I would have to move out.

[justbroke]

Thanks for the replies but to be specific, the complaint is all true and the note and mortgage contract is attached, all initals are correct, should I even bother to answer or should I, will it make any difference answering or not, I would have to answer truthfully meaning that I would have to agree with everything that is on the complaint, if I agree with everything on the complaint in my answer would that by answering give me more time before I would have to move out.

Answering will at least cause a delay... even if you say "Yes to all". It just has to run the process. You can answer yes, but also ask for some "discovery" by asking for copies of the original executed mortgage and deed, rather than the "filed/recorded" copies. It only buys you time. But, it also makes their lawyer work for his money rather than just get a quick default judgment!

If you don't answer, then they'll get a default judgment rather than a summary judgment.

[Banko]

Do you have to answer if you already filed ch. 7 been discharged and case closed? We just recieved our summons yesterday. House was included when we filed. They did get a relief of stay. We were discharged 10/20/08 and recieved the case closed letter last week. The sheriff just dropped off the summons yesterday at home with my wife. We are no longer in the house and haven't been since Feb. Stopped payments in June filed July. We were never past due on anything up to the time of filing. Thanks for your help.

[justbroke]

Do you have to answer if you already filed ch. 7 been discharged and case closed? We just recieved our summons yesterday. House was included when we filed. They did get a relief of stay. We were discharged 10/20/08 and recieved the case closed letter last week. The sheriff just dropped off the summons yesterday at home with my wife. We are no longer in the house and haven't been since Feb. Stopped payments in June filed July. We were never past due on anything up to the time of filing. Thanks for your help.

First, digging up old threads is frowned upon here.

Second, you can ignore it, or, to speed up the process, file a Consent. I would only file an Answer (Consent) if your State doesn't charge for filing an Answer. (Some States charge for the dependent to file an Answer.)

All in all, this is just a formality (the foreclosure suit). The lender must do this by the book in order to recover the deed and title.

[Banko]

Thanks for your answer at least.

I have noticed on any forum you can't win for trying. No matter what you do someone will have something to say about it!

[justbroke]

I have noticed on any forum you can't win for trying. No matter what you do someone will have something to say about it!

I was trying to warn you, before the moderators did.

It's kinda counterintuitive anyhow. First, the rules say to search for something before asking. Then you find something old, post to that thread, and then someone says "why you brining up an old thread?" (Only to learn that further down the long list of rules, there's one that states that you shouldn't resuscitate old threads.)