How to Answer a Foreclosure Summons & Complaint in New York

Answering a foreclosure summons and complaint in New York is critical to avoid losing your home. However, simply answering the lawsuit does not result in a victory. To win the lawsuit, the homeowner must offer a suitable defense based on law. Many people answering a foreclosure summons and complaint are trying to buy time while working on options to bring their mortgage current and end the lawsuit. Debtors representing themselves in court are called pro se debtors, but are usually better off having an attorney prepare a written answer and represent them.

Instructions

1

Read the summons and complaint. A summons in New York is the notice of a lawsuit, and the complaint is the actual lawsuit. Lawsuits are delivered in New York by courier or by mail. Debtors have 20 days to respond to the lawsuit if it arrives by courier and 30 days if it arrives by mail. Check the deadline listed on the summons. Failing to respond by the deadline results in a default judgment for the lender -- and official foreclosure.

2

Write the answer using plain paper. Address each allegation in the lawsuit while offering a suitable defense. For example, the lawsuit will allege that you took out a mortgage on a certain date and at some point stopped making payments, resulting in a default on the loan. In your answer you could argue that you did make the payments, and that the lawsuit is the result of fraud by the mortgage company. Or you could simply deny each allegation by writing: "I deny this is true." This forces the mortgage company to prove its case at a hearing scheduled by a judge, or open settlement discussions that could end the lawsuit. The mortgage company could settle by allowing you to make up the missed payments or refinance the mortgage through a loan-modification.

3

Send a copy of your answer to the attorney for the mortgage company. The attorney's address is listed on the summons. Also file the answer in court. Read the summons for the the address of the court. Enter the courthouse and tell a clerk you wish to file a written answer to a lawsuit. Follow the clerk's direction.