How to Respond to a Foreclosure Notice From a Court

Changes in federal and state laws have made it easier for homeowners facing foreclosure to save their home. However, to take advantage of government programs and lender options, you must respond to any notices or communications you receive. If you receive a foreclosure notice from a court, your lender has started foreclosure proceedings against you, and although it is not impossible to save your home, it will be more difficult. Before the lender contacts the court, it should send you a Notice of Default. The lender must wait at least 35 days before filing a foreclosure with the court after sending the notice.

Instructions

1

Consult an attorney. If you do not have one or you cannot afford one, call your local legal aid service and ask for representation recommendations. Often, attorney consultations are free and many provide representation free or at a reduced cost for clients who can show need. If you have a defense to the foreclosure, according to the Dane County Housing Authority in Wisconsin, attorney representation may be necessary to win in court.

2

Read the court summons and prepare your answer. Your answer is your defense to the claims that the lender lists in the foreclosure summons. Illinois Legal Aid provides a sample answer (see Resources) that defendants can use to compose their own answer if they are representing themselves in the foreclosure and the court did not include one with the summons.

3

Fill in the top of your Answer with your name and contact information. Copy your name and the lender's name exactly as the summons lists them. Include your county name and the docket number exactly as they are in the summons.

4

Answer each paragraph on the summons. You can choose to admit the allegations, deny them or write that you are unable to answer an allegation because of lack of information. You can admit to part of an allegation and deny another part of the same allegation. For example, if one of the allegations state that you are in default on your loan in the amount of $350,000, you can admit that you are in default but deny the amount if it is not correct.

5

Send your answer to the court by the method described on the summons. If the summons requires any other paperwork, send it along with the answer.