Real Estate Law
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Many courts will accept an answer in general letter form of a reply to the foreclosure complaint. Although there are formalities in answering which lawyers know, most courts will accept an answer in letter form. It should simply admit or deny the allegations of each paragraph of the complaint. You probably cannot deny most of the allegations if you are behind on payments, but filing something will usually slow down the process be preventing a default judgment from being taken. Be sure to send a copy of what you file to the banks attorney and show that you have done so on what you file with the court.
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A sample letter.
There is no standard form of letter. In fact most Responses to complaints are formal pleadings. You can go to the clerk of the court and examine files that have answers in them if you wish to see the format. If you send a letter, simply explain to the court what you are requesting from the bank in order to try to keep your home. If you have a dispute with them over application of payments or something which might deny the right to foreclose, then that should also be stated. If you do not file any denial, then the bank's attorney can and probably will move for judgment on the pleadings. The benefit of filing something is that you will receive notice from the attorney of any further filings by the bank. A formal Answer pleading would look something like this:
COURT CAPTION & CASE NO. ANSWER OF DEFENDANT (your name)The Defendant, ________for answer to the Plaintiff's Complaint alleges and says:1. That he/they admit the allegations contained in paragraphs 1 and 2 of the Plaintiff's Complaint.2. That paragraphs 3,4, & 5 are denied.2. That it is without knowledge as to the allegations contained in paragraphs numbered 6 & 7.WHEREFORE, the Defendants prays for judgment in their favor. ____________________________(signed) DefendantCERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been mailed to, XXXXX XXXXX, Attorney for Bank, this _____ day of April, 2012:_______________________________sign your nameYour NameAddressPhone No.I hope this is helpful. If it isn't, then you are under no obligation to accept.
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