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ANSWERING A FORECLOSURE ACTION

by Melvin Monachan on Feb. 19, 2019

Real Estate Foreclosure Real Estate 

Summary: ANSWERING A FORECLOSURE ACTION

For those who find themselves faced with an inability to pay their monthly mortgage payment, trying to figure out what to do to save their home can be a confusing and tedious process. Once a foreclosure is initiated, the stress of trying to respond to the lawsuit can quickly become overwhelming. If you are facing a foreclosure action in New York, it's important to understand the steps to take to answer a complaint, along with the elements that should appear in your answer.

WHAT IS AN ANSWER?

When you are served with a foreclosure action, the documents you are served with will include a "complaint," which is prepared by the Plaintiff and includes the facts of the case and why the Plaintiff is entitled to foreclose on your home. An "answer" is essentially a response to the allegations in the complaint. As this answer is a legal document that is filed with the court, it's important to answer the document carefully and truthfully.

DRAFTING AN ANSWER TO A FORECLOSURE COMPLAINT

Although the specific sections of an answer will vary based on the individual circumstances of your case, it's important to understand the most common elements of an answer.

ADMISSIONS AND DENIALS

Each and every paragraph should be responded to in an answer. There several ways that one can respond to allegations:

  • Admit the allegation;
  • Deny the allegation;
  • Admit part of the allegation but deny the rest of the assertion;
  • State that you are without sufficient information to either admit or deny the allegation; or
  • State that no response appears to be needed.

FACTUAL ALLEGATIONS

Just as a complaint has a section for the Plaintiff to assert the facts of the case, your answer can assert your own version of the facts. If the complaint misstated anything or left out anything that you think is pertinent to the case, it's important to include this information in the factual allegations of your answer.

AFFIRMATIVE DEFENSES

An affirmative defense is a legal defense to the foreclosure action which must be included in the answer. If you do not include an affirmative defense in your answer, it cannot be raised at a later date to defend against your case. A seasoned foreclosure defense attorney is equipped with an arsenal of affirmative defenses that may be of assistance in defending against your foreclosure action.

FACING A FORECLOSURE IN NEW YORK? WE CAN HELP

As shown above, filing an answer to a foreclosure complaint is not as simple as it may initially seem. If you have been served with a foreclosure action in New York state, it's critical to seek immediate representation from an experienced foreclosure defense attorney. With something as important as your home at stake, it's inadvisable to defend against a foreclosure action on your own.

Luckily, with Melvin Monachan by your side, you don't have to do so. Our legal team is dedicated to providing the competent representation our clients need, along with the compassion that is deserved by anyone who is going through such a stressful experience. Don't wait any longer to take the next steps toward defending against your foreclosure action--to speak with Melvin Monachan about your case and prepare a game plan for fighting against your foreclosure, fill out an online case evaluation form or call (516)714-5763 today.

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