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I need a sample letter of how to respond to a foreclosure summons.

Resolved Question:

I need a sample letter of how to respond to a foreclosure summons. I am currently in the middle of a load modification with the bank, yet, the proceedings are still going foreward. I am trying to keep the house and the bank is finally working with me, buy, I still have to respond to the courts. Any suggestions of how to respond. The summons is for Lucas county, state of Ohio.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Irwin Law replied 2 years ago.

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.

 

I have answered your question. Please click on ACCEPT so that I will be compensated. BONUSES for quick and helpful responses are very appreciated. If you wish clarification of the answer, please send me a "Reply". If you have additional questions, I would be happy to assist, but as a courtesy I respectfully XXXXX XXXXX you ACCEPT the answer to your first question before branching off into other new questions.
Also, this answer does not create an attorney client relationship and you are urged to consult a local attorney to verify the accuracy of this answer according to your state's laws and local customs and practice.

Customer: replied 2 years ago.
I'm sorry but the answer provided is not what I call $50 worth. The information given was basically what I found just searching the web.
Expert:  Irwin Law replied 2 years ago.

What information did you expect to receive?

Customer: replied 2 years ago.

A sample letter.

Expert:  Irwin Law replied 2 years ago.

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) Defendant

CERTIFICATE 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 name


Your Name
Address
Phone No.

I hope this is helpful. If it isn't, then you are under no obligation to accept.

Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4915
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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Irwin Law
Irwin Law
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Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.