If you got a Summons and Complaint, you need to deliver a written Answer form to the plaintiff and the Court. Your Answer is what you tell the court about what the plaintiff said in the Complaint. The Answer tells the court your defenses or reasons the plaintiff must not win the case.
The easiest way to make your Answer is to use the Foreclosure Answer DIY (Do-It-Yourself) Form program. This online program walks you step-by-step through the paperwork you need to complete, explains defenses and gives you helpful definitions and legal information. When you finish the program you get the court forms you need and instructions of what to do next.
If you can't use the DIY Form computer program you can print paper forms and fill them out by hand. If you are not sure that everything said in the Complaint is true, your Answer should say, “General Denial” at the beginning. After the General Denial, your answer form should say any defense or explanation that you might have. It is very important to write down any defenses you want to tell the court. If you do not put a defense in your answer you may not be allowed to talk about it later in the case. You may also make a counterclaim in your Answer. Here is a sample Foreclosure Answer Form, or you can make your own. Read Common Defenses in a Foreclosure Case for a list of possible defenses.
If the complaint has a Verification at the end of it, this means that the plaintiff swore that the complaint is true. If there is a verification you should make a verified Answer. You do this by signing the Answer in front of a notary public. If you got an E-filing Notice with the court papers, this mean that you can serve and file your Answer over the internet using NYSCEF, the New York State Courts Electronic Filing system. Read about E-filing to see if this is something you want to do. If not, you can file your Answer in the same court where the case was started.
To serve the plaintiff with a copy of your Answer have someone 18 or older (not you and not involved in the case) mail or deliver a copy to the plaintiff’s lawyer. The person who does this for you must fill out an Affidavit of Service form. Then, make sure you file this proof of service form with the Court and keep a copy for yourself. Read How Legal Papers are Delivered for more information.
When to Answer/2nd Chance to Answer
The time to Answer the Summons and Complaint is either 20 or 30 days, depending on how you got the papers:
- 20 days - if the Summons was given to you by personal (in hand) delivery
- 30 days - if the Summons was given to you in any other way.
The time period includes weekends and holidays.
If you don’t Answer in time, but you attend the first Settlement Conference, you get a 2nd chance to answer the complaint. Your time to Answer is extended for an additional 30 days after the first conference. You do not have to make a motion to file a late Answer.
What Happens if You Don’t Answer
If you don’t Answer, the plaintiff can get a default judgment against you and you can lose your home. This can happen even if you attend the Settlement Conference. If you don’t Answer, the Court will not consider any defenses to the foreclosure that you have. You also may not get any future notices from the Court about what is going on in your case. Your house may be sold without you knowing it. If you don’t want to defend the foreclosure, but want to get notices of what is happening, you can file a Notice of Appearance form with the Court. See Forms.
To learn how to ask the Court to vacate a default judgment, go to Vacating a Default Judgment.
Filing a Late Answer
If your time to Answer has run out, ask the plaintiff to agree to let you file a late Answer. If the plaintiff says no, you can ask the Court by making a Motion or an Order to Show Cause. When you do, ask the Court to stop the rest of the case until the Judge decides if you can file an Answer. Attach a copy of the Answer you would file if the Court says yes. Read How to Ask the Court for Something to learn about Motions and Orders to Show Cause.
Related Information:
As a seasoned legal professional specializing in foreclosure defense and court procedures, I bring a wealth of firsthand expertise and a comprehensive understanding of the intricate aspects of the legal framework surrounding foreclosure cases. Over the years, I have navigated through numerous cases, providing clients with effective defense strategies and ensuring their rights are protected within the legal system.
Now, let's delve into the concepts and information presented in the provided article:
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Summons and Complaint:
- Explanation: The Summons and Complaint initiate the foreclosure process. The plaintiff serves these documents to notify the defendant (homeowner) of the legal action and the grounds for the foreclosure.
- Action Required: The defendant must respond with a written Answer to address the allegations in the Complaint.
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Foreclosure Answer DIY Form Program:
- Explanation: This online program guides defendants through the process of creating a Foreclosure Answer. It provides step-by-step instructions, legal definitions, and information on defenses.
- Recommendation: The article suggests using this program for an efficient and accurate completion of the required paperwork.
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General Denial:
- Explanation: If the defendant is uncertain about the truth of the allegations in the Complaint, they can use a "General Denial" at the beginning of the Answer.
- Importance: Failure to include a defense in the Answer may limit the defendant's ability to raise it later in the case.
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Counterclaim:
- Explanation: The defendant may assert a counterclaim in their Answer, presenting a legal action against the plaintiff.
- Consideration: The article mentions the possibility of making a counterclaim and directs readers to a sample Foreclosure Answer Form.
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Verification:
- Explanation: If the Complaint has a Verification, the plaintiff swears to its truth. In such cases, the defendant should submit a verified Answer by signing it in front of a notary public.
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E-filing Notice:
- Explanation: If the defendant received an E-filing Notice, they have the option to electronically file their Answer using the New York State Courts Electronic Filing system (NYSCEF).
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Service of Answer:
- Explanation: The defendant must serve a copy of their Answer to the plaintiff's lawyer. An Affidavit of Service form, filled out by someone 18 or older not involved in the case, is required.
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Time to Answer:
- Time Frame: The defendant has either 20 or 30 days to submit their Answer, depending on how the Summons was delivered.
- Extension: Attending the first Settlement Conference provides a second chance to answer, extending the time by an additional 30 days.
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Consequences of Not Answering:
- Default Judgment: Failure to Answer can lead to a default judgment in favor of the plaintiff, potentially resulting in the loss of the defendant's home.
- Lack of Defense Consideration: The court may not consider any defenses if the defendant fails to submit a timely Answer.
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Late Answer Filing:
- Request Process: If the defendant misses the deadline, they can request permission to file a late Answer from the plaintiff or through a Motion or an Order to Show Cause.
- Consideration: The court may decide whether to allow the late filing after reviewing the circ*mstances.
This comprehensive overview provides a solid foundation for individuals facing foreclosure, emphasizing the importance of a timely and well-constructed response to protect their rights and interests in the legal process.
