ANSWERING THE COMPLAINT

BEFORE YOU BEGIN

In general, it is best if you seek assistance from an attorney to answer a complaint.  

Answering requires you to assert in writing any legal defenses or counterclaims that you have against the plaintiff.  This can be complicated, and it is a good idea to have an attorney familiar with mortgage servicing practices and foreclosure law review the facts of your case.

TIME TO RESPOND

You have to file your Answer within 30 days of the day you were served.

You also have to serve your Answer on the lender’s attorney. Look at the page marked SUMMONS for the attorney’s address.

If the due date falls on the weekend or a holiday when the Court is closed, the due date is the next available day.  Start counting from the day after you are served.

As explained in the Foreclosure Intervention section, you also have 30 days to request Foreclosure Intervention. If you are eligible for Foreclosure Intervention and make your request within 30 days of service, the foreclosure will be on hold until the Foreclosure Intervention process is complete. If you are unable to resolve the case in Foreclosure Intervention, you should receive a letter telling you that you have 30 days from the date of the Foreclosure Intervention denial to file and serve your Answer.

It can often be a good idea to file your Answer and request Foreclosure Intervention at the same time.