Verified answer to foreclosure complaint New York

The correct answer is that you should talk to an attorney to go over your options before filing an answer. You may feel that you cannot afford an attorney but the real question is can you afford to lose your home because you filed an answer incorrectly or did not raise all of your defense. To respond to a foreclosure Complaint, you must file a legal document called an Answer.

In an Answer, you either admit or deny allegations made in a Complaint. In an Answer in a foreclosure case, however, you will most likely deny. You will also explain why you think the bank should not be allowed to move forward with the case.

You will fill out three sections:

  • The caption
  • Your defenses and counterclaims
  • The signature page

The Caption

  1. Lack of Standing

Standing means the right a person or entity has to bring a lawsuit. Think of it as having “a dog in the fight.” In foreclosure cases, standing refers to whether the lender owns your mortgage. If you check this box, also check the next box for a Foreclosure Cause of Action.

  1. Foreclosure Cause of Action

Cause of action, in law, means an acceptable reason to take legal action against another person or entity. Check this box if you checked the Lack of Standing box above.

  1. Statute of Limitations

When you miss a mortgage payment, the lender has six years to sue you for the missed payment. If the lender does not sue you within six years of the missed payment, it can never sue you for that payment. Check this box and the one underneath it if it has been more than six years since you have made a mortgage payment.

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Your defenses and counterclaims

  1. Improper Service of the Summons and Complaint

These two important documents notify you that the bank is bringing a foreclosure lawsuit against you. If you were not served with a Summons and Complaint in any of the three ways described above, check this box.

  1. Notice of Default

In a foreclosure case, when your mortgage is 45-60 days overdue, the bank is required, by law, to send you a Notice of Default. Check this box if you never received such a Notice of Default from your bank.

  1. Reverse Mortgage Notice Requirement

With a reverse mortgage, the borrower must keep up with tax and insurance payments. If the borrower fails to keep up with the tax or insurance payments, the bank can foreclose on him or her. Check this box if you have a reverse mortgage that is being foreclosed for failure to pay taxes and/or insurance, and you did not receive the notice described above.

For information on foreclosure defense call us at (877) 399 2995. We offer litigation document review support, mortgage audit reports, securitization audit reports, affidavit of expert witness notarized, and more.

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